Askinazy v. Jacobson

In a malpractice action against a dentist to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Kings County, dated May 31, 1972, which granted plaintiff's motion to strike defendant’s answer on the ground of his willful refusal to appear for a continued examination before trial pursuant to a prior court order. Order reversed, without costs, and motion denied, on condition that defendant pay plaintiff $250 as counsel fees and on the further condition that defendant appear for continuation of the examination before trial, as ordered by Special Term in…