Lubicz v. Rosen

In an action inter alia for an accounting, defendants appeal,' as limited by their brief, from so much of an order of the Supreme Court, Kings County, entered March 25, 1976, as granted the branch of plaintiffs motion which sought a direction, pursuant to CPLR 3124, for the appearance of defendants at examinations before trial. Order affirmed insofar as appealed from, with $50 costs and disbursements. Laches is not appropriate as a bar to the entire suit. In combination, the circumstances which caused the initial, delay, the settlement offers, and defendants’ failure to take any affirmative…