Scarlatos v. Kulukundis

DIMOCK, District Judge.

Defendant, Mar Trade Corporation, moves pursuant to Rule 37(d), F.R.Civ.P. to dismiss the complaint for failure of plaintiff to appear for oral examination pursuant to notice.

Plaintiff, a Greek seaman, instituted this action in the Southern District of New York on August 1, 1956. Defendants answered on January 8, 1957. On February 7, 1957, defendant Mar Trade Corporation, served a notice to examine plaintiff by deposition on February 27, 1957. On February 13, 1957, plaintiff’s attorneys notified defendant Mar Trade Corporation’s attorneys by letter that, “Mr. Scarlatos…