United Refrigerator Co. v. Rose

— Order, entered on May 23, 1963, unanimously modified, upon the law and the facts, and in the exercise of discretion, without costs, to provide that the answer of defendant-respondent shall be and is stricken unless the defendant shall appear for examination before trial at Special Term, within 90 days after entry of the order herein, at a date to be fixed in such order. A date and place in the city here for the examination of the said defendant were fixed in the notice which was duly served for his examination; and this defendant, failing to move against the notice, agreed by a series of…