Shamash v. Ohrbach's Inc.

Order of the Supreme Court, New York County, entered in the office of the clerk on September 7, 1976, granting plaintiffs’ motion for an order pursuant to CPLR 3126 striking defendant’s answer, directing an assessment of damages and entry of judgment, unanimously reversed, on the law, on the facts and in the exercise of discretion, and motion denied, with $60 costs and disbursements of this appeal to appellant. Although defendant appeared at Special Term for deposition pursuant to prior order of the court, nevertheless, the witness it produced, then employed by defendant, did not have…