Everin v. Greyhound Elevator Corp.

In an action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Westchester County (Burchell, J.), entered November 10,1982, which granted defendant’s motion for reargument of a prior order of the same court, entered June 17, 1982, granting his motion to strike defendant’s answer, and thereupon vacated the prior order and denied his motion to strike defendant’s answer upon condition that the defendant appear for an examination before trial on a specified date. Order modified, as a matter of discretion, by adding thereto a provision that the order…