Frankel v. Hirsch

In an action, inter alia, for an accounting, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Weiss, J.), dated June 20, 2002, as granted that branch of the defendant’s motion which was to direct him to appear for an examination before trial and denied *400that branch of his cross motion which was, in effect, to strike the answer and for an inquest on the issue of damages.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to direct the plaintiff to appear for an…