Colville v. King

In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Queens County (Hyman, J.), dated December 21, 1981, which denied his motion to strike defendants’ answer for their failure to appear for pretrial examinations or, alternatively, to direct defendants to appear. Order reversed, with $50 costs and disbursements, and motion granted to the extent of directing the defendants to appear for pretrial examinations. The examinations shall proceed at a time and place to be fixed in a written notice of not less than 10 days, to be given…