Burbell v. Burman

Motion to direct defendant to appear for examination before trial, and in the event he fails to appear as directed, to impose the penalties set forth in CPLR 3126, is granted as herein indicated.

The parties served cross notices of examination. Plaintiff’s examination was first taken and completed and it was agreed to hold defendant’s examination on an early adjourned date. More than a month has gone by. Plaintiff’s attorney has been given various excuses and explanations, but defendant has not been produced. Now, in response to this motion, trial counsel for defendant states that he needs…