Heyward v. Benyarko

Order, Supreme Court, New York County (M. Evans, J.), entered January 29, 1981, granting motion to strike answer of defendant-appellant Benyarko on condition, is unanimously modified, in the exercise of discretion, to the extent that so much of the order as directs the striking of the answer is reversed and the court directs that said defendant is to be precluded from testifying at the trial unless he submits to an examination before trial by plaintiffs not later than 30 days before the trial, all on condition that said defendant shall pay to plaintiffs the sum of $250 toward their attorney’s…