Shampaner v. Epstein

In a negligence action to recover damages for personal injuries, etc., the defendant City of New York appeals " from an order of the Supreme Court, Kings County, dated September 25,1979, which, upon the city’s failure to appear at an examination before trial, granted -plaintiffs’ oral motion to strike its answer. Order reversed, without costs or disbursements, and plaintiffs’ motion to strike denied on the conditions that the city appear for an examination before trial, that the parties stipulate that the place of the examination may be other than within the county in which the action is…