La Manna Concrete, Inc. v. Friedman

In an action to recover upon a contract ¡ and an account stated, defendants appeal from a judgment of the Supreme Court, Westchester County, entered July 2, 1969, in favor of plaintiff against them pursuant to an order of said court entered June 13, 1969 which granted plaintiff’s motion to strike out defendants’ answer on the ground of their willful failure to appear for examination before trial. Judgment and said order reversed, on the law and the facts, with $10 costs and disbursements to respondent against appellants; plaintiff’s said motion granted to the extent of directing defendants to…