Golding v. Weissman

Concur — Eager, J. P., Markewieh and Bastow, JJ.; McGivern and Steuer, JJ., dissent in the following memorandum by Steuer, J.: Had the moving defendants contented themselves with a simple denial of the allegations of the complaint, we would in all likelihood have concurred with the majority. The failure of the plaintiff to come forward with evidentiary facts and the undue accommodation afforded defendants on plaintiff’s application to examine defendants before trial provide little excuse for this failure. However, the explanations vouchsafed by the defendants in their pleadings and affidavits…