Legal Opinion

Spataro v. Ervin

Appellate Division of the Supreme Court of the State of New York

Decided October 26, 1992PublishedCited by 9 opinions

1Opinion of the Court

— In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Copertino, J.), entered September 18, 1990, which granted the plaintiffs’ motion to strike the defendant’s answer for his failure to appear at an examination before trial, unless the defendant appeared at an examination before trial on a date certain.

*794Ordered that the order is affirmed, without costs or disbursements.

The defendant failed to appear for a court-ordered examination before trial and thereafter the plaintiffs moved to strike his answer. In the order…

2Cases cited2 opinions

  1. Moriates v. Powertest Petroleum Co.Appellate Division of the Supreme Court of the State of New York · 1985
  2. Foti v. SueroAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by9 opinions

  1. Islam v. Nathan Katz Realty Co.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Rowe v. Lee Gee SookAppellate Division of the Supreme Court of the State of New York · 1996
  3. Torres v. MartinezAppellate Division of the Supreme Court of the State of New York · 1998
  4. Boera v. BatzAppellate Division of the Supreme Court of the State of New York · 1997
  5. Cavallino v. SonskyAppellate Division of the Supreme Court of the State of New York · 1998

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