Malizia v. Fasch

Appeal by defendants from an order of the Supreme Court, Rockland County (Walsh, J.), entered November 21, 1980, which granted plaintiff’s motion pursuant to CPLR 3126 to strike defendants’ answer for their willful failure to comply with pripr orders of the *959same court directing them to appear for pretrial examinations. Order modified by adding thereto, after the word “granted”, the following: “only as to defendant Walter Fasch. As to defendant Victor Fasch, the motion is denied on the condition that he appear for an examination before trial and personally pay plaintiff’s attorney the sum of…