Stockman v. Marks Polarized Corp.

In a stockholders’ derivative action, defendants appeal from an order of the Supreme Court, Queens County, entered July 13, 1965, which conditionally granted plaintiffs’ motion, pursuant to CPLR 3126, to strike out defendants’ answer by reason of the alleged willful failure of defendant Carlotta Marks to appear for pretrial examination pursuant to prior notice of examination and a prior order of said court. Order reversed, without costs, and motion remitted to the Special Term for further proceedings not inconsistent herewith. In our opinion, there is no basis in the record for holding that…