Spiegel v. Goodman

— In an action, inter alia, to recover damages for wrongful eviction and abuse of process, and for restitution of the premises in question, plaintiffs appeal from an order of the Supreme Court, Kings County (De Lury, J.), dated October 19, 1982, which granted defendants’ motion to dismiss the action due to plaintiffs’ failure to submit to a court-ordered examination before trial. Order reversed, without costs or disbursements, and motion denied upon condition that plaintiffs personally pay defendants’ attorney the sum of $500 within 10 days after service upon them of a copy of the order to be…