Segal v. Princess Ann Girl Coat, Inc.

Judgment and order appealed from unanimously reversed, without costs. The motion made by the defendant was to strike out plaintiff's complaint on the ground that plaintiff refused to complete his examination before trial. The minutes of the several sessions of the pretrial examination of plaintiff do not disclose that he refused to complete his examination. The requested relief was actually sought upon the ground that plaintiff had failed to produce upon his examination a certain marked map and a list of customers. The extreme penalty of striking out the pleading of a party may only be…