Dorset Caterers, Inc. v. Nassau & Suffolk Dining Car & Restaurant Ass'n

Plaintiff moves to strike defendant’s answer pursuant to CPLR 3126 for failing and refusing to sign the transcript of the examination before trial heretofore taken of defendant.

Defendant counters with the argument that:(1) “that many of the questions that were asked and answered by him (defendant’s witness) were not in the record ’ ’;

*688(2) that the examination was improperly taken in that defendant’s attorneys’ stenographer was used in taking the testimony.

The attorneys for defendant rely on a letter they sent in which they claim to have rejected the examination before trial because at the time…