Suncrest Dairy, Inc. v. La Bella

Plaintiff’s motion to strike the defendant’s answer for failure to appear for an examination before trial pursuant to notice is denied.

Although the motion is unopposed, the relief sought must be denied since it is no longer available in the first instance under 3126 CPLR.

*942That section states that such a penalty may be invoked only when a party “ refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed”.

In the context I construe the first part of this quotation to deal with attending the examination and the second part…