Bythewood v. Hempstead Public Schools

*732In an action to recover fees for legal services rendered, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Cozzens, J.), dated April 4, 2006, as, upon the defendant’s motion pursuant to CPLR 3211 to dismiss the complaint, inter alia, for failure to appear for an examination pursuant to General Municipal Law § 50-h, directed him to appear for such an examination, and denied that branch of his cross motion which was for summary judgment on the complaint.

Ordered that the order dated April 4, 2006 is modified, on the law and the facts,…