Goldner v. Lendor Structures, Inc.

In an action to recover damages for injury to property, plaintiff appeals from so much of an order of the Supreme Court, Kings County, dated October 17, 1967, as in effect denied his motion, pursuant to CPLR 3126, to impose certain penalties upon the defendant Independent Shovel & Crane, Inc., by reason of its failure on three separate occasions to appear for pretrial examination pursuant to notice therefor. The motion was denied on condition that defendant appear for such examination on another date. Order reversed insofar as appealed from, with costs and disbursements to plaintiff, and…