International Modular Housing, Inc. v. Atlanta Shipping Corp.

Order, Supreme Court, New York County (Bookson, J.), entered December 22, 1980, which denied the plaintiff’s motion to strike the answer of the defendant-respondent Atlanta Shipping Corporation and to grant judgment in favor of the plaintiff, unanimously modified, on the law and the facts and in the exercise of discretion, with costs to the plaintiff, to the extent of granting plaintiff’s motion to strike defendant’s answer unless the defendant, by its president, appears for examination before trial at Special Term, Part II, at a date to be set by the plaintiff’s counsel on at least 10-days…