Stuart Whitman, Inc. v. Cataldo

Opinion

ROWEN, J. *

This is an appeal from an order of the trial court granting plaintiff (respondent herein) its motion for summary judgment against defendants (appellants herein) because of the defendants’ failure to appear at properly noticed pretrial deposition discovery proceedings.

The issues before this court relate (1) to the timeliness of the filing of the notice of appeal, and therefore to this court’s jurisdiction in the matter, and (2) to the propriety of the trial court’s order striking appellants’ answer and entering default judgment for respondent because of appellants’ willful…