Legal Opinion
Boera v. Batz
Appellate Division of the Supreme Court of the State of New York
Decided February 3, 1997PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendants John Batz, Robert Batz, and Jacqueline Batz appeal from an order of the Supreme Court, Nassau County (Levitt, J.), entered January 31, 1996, which conditionally granted the plaintiff’s motion to strike *350their answer for failure to appear at an examination before trial unless they appeared at an examination before trial on a date certain.
Ordered that the order is affirmed, with costs.
The fact that the appellants "ha[ve] disappeared or made [themselves] unavailable provides no basis for denying a motion to strike [their]…
2Cases cited5 opinions
- Mills v. DucilleAppellate Division of the Supreme Court of the State of New York · 1991
- Moriates v. Powertest Petroleum Co.Appellate Division of the Supreme Court of the State of New York · 1985
- Foti v. SueroAppellate Division of the Supreme Court of the State of New York · 1983
- Rowe v. Lee Gee SookAppellate Division of the Supreme Court of the State of New York · 1996
- Spataro v. ErvinAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by5 opinions
- Cavallino v. SonskyAppellate Division of the Supreme Court of the State of New York · 1998
- Williams v. New Style Limousine, Inc.New York Supreme Court · 2003
- Aliano v. LamainaAppellate Division of the Supreme Court of the State of New York · 1998
- Pierre v. Delish Bakery & Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Valentino v. RomeroAppellate Division of the Supreme Court of the State of New York · 1998