Grigorian v. Paluszek

In an action to recover damages for breach of warranty, plaintiffs appeal from an order of the Supreme Court, Kings County, dated April 15, 1964, which denied their motion, made pursuant to statute (CPLR 3124, 3126), to direct defendant Paluszek to make disclosure, or alternatively, to strike out his answer for failure to appear for the pretrial examination. Order reversed, without costs, and motion granted to the extent of directing the defendant Paluszek to appear for examination at a time and place to be fixed by plaintiffs on 10 days’ written notice or at such time and place as the…