Tinkleman v. Hudson Valley Winery

In a negligence action to recover damages for personal injuries, etc., the defendant appeals from an order, of the Supreme Court, Dutchess County, dated July 17, 1980, which, inter alia, granted the plaintiffs’ motion to strike its answer for failure to appear for an examination before trial. Order reversed, without costs or disbursements, and motion denied on condition that defendant (1) submits to an examination before trial and (2) pays $750 to plaintiffs’ attorney, and $750 to plaintiff Joseph Tinkleman. The examination shall proceed at a time and place to be fixed in a written notice of…