Iessi v. Marino

In a negligence action to recover damages for •personal injuries, plaintiff appeals from an order of the Supreme Court, Westchester County, dated July 25, 1972, which, upon his motion to strike defendant Marino’s answer for the latter’s failure to appear for an examination before trial on three separate occasions, directed that if Marino fails to appear for examination on a stated date, his answer shall be stricken. Order modified by inserting in the decretal paragraph, between “10:00 a.m. ” and “his answer shall be stricken ”, the following: "and unless said defendant Marino’s attorneys pay…