McCormick v. Mars Associates, Inc.

In an action to recover damages for personal injuries, defendants appeal from (1) an order of the Supreme Court, Richmond County, entered August 5, 1965, which conditionally granted plaintiff’s motion to strike out their answer for failure to 'comply with a prior order of said court, dated September 10, 1964 directing an examination before trial and discovery and inspection; and (2) an order of said court of the same date, which denied their cross motion to vacate and/or resettle the said order of September 10, 1964. Order entered on plaintiff’s motion reversed, without costs, and matter…