Rozakis v. Tilo Co.

In a negligence action to recover damages for wrongful death and conscious pain' and suffering, defendants appeal from an order of the Supreme Court, Queens County, dated January 30, 1969, which, (1) on plaintiff’s motion, inter a],ia struck out defendant Sandlin’s answer for his willful failure to appear for examination b.efore trial and (2) denied a cross motion by defendants’ attorney for leave to withdraw as defendant Sandlin’s attorney. Order modified, on the law and the facts, (1) by striking from the provision in the first decretal paragraph thereof which prohibits defendant Sandlin “…