Roseberg Holding Co. v. Berman

Kelly, P. J.:

The learned Special Term has granted plaintiff’s motion to strike out the answer of the defendant, appellant, because of defendant’s *147alleged failure to obey a notice for his examination before trial, in the county of Kings. It appeared by affidavit of defendant’s attorney that defendant claimed that he was a resident of New York county. The court at Special Term held that the affidavit of the attorney was not sufficient to show the residence of defendant and granted the motion to strike out his answer. In Levine v. Moskowitz (206 App. Div. 194) the First Department, Appellate…