Oppenheim & Macnow, P. C. v. Worth

— Order of the Supreme Court, New York County (Seymour Schwartz, J.), entered September 12, 1983, which struck defendant’s pleading for failure to appear in response to a court-ordered examination before trial and which dismissed as moot defendant’s cross motion to preclude, unanimously reversed, so far as appealed from, on the facts and in the exercise of discretion, and motion to strike denied, on condition that defendant pay $500 costs to plaintiff and submit to oral examination at a time, place and date to be fixed in the order to be entered herein, which shall be within 20 days after…