Merck, Sharp & Dohme v. Whitted

Motion by plaintiff for an order striking defendant’s answer and for entry of judgment because of defendant’s failure and refusal to sign and return the transcript of her examination before trial.

Plaintiff has sought to impose the sanctions outlined in CPLR 3126 (subd. 3) for this conduct of the defendant. This court has had occasion in the past to hold that a motion to strike an answer is not, in its opinion, the proper remedy for failure of a defendant to sign and return an examination before trial. (Navaho Frgt. Lines v. Supro Neon Corp., N. Y. L. J., Dec. 5, 1972, p. 21, col. 6.)

Counsel…