Briley v. Newton

GELFAND, J.,

Although the docket indicates the matter herein is before the court on plaintiff, Grover Briley’s petition to vacate a judgment of non pros entered on January 31, 1977, because he failed to appear for a medical examination ordered by the Honorable Paul Silverstein on November 24, 1976, the basis of the argument on petition and answer is the entry of judgment because of plaintiffs failure to appear for a deposition ordered by this court dated October 15, 1976. However, since the issue to be decided is the same in either event and inasmuch as the parties have framed it as being…