Bernstein v. Burson

In a medical malpractice action, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Burke, J.), dated July 11, 1985, which conditionally granted their motion to strike the defendant’s answer pursuant to CPLR 3126, unless the defendant appeared for examination before trial on August 8, 1985.

Ordered that the order is affirmed, without costs or disbursements; the defendant’s time to comply is extended until 30 days after service upon him of a copy of this decision and order, with notice of entry, and the examination before trial of *594the defendant shall be held at a time and…