Levine v. Barricini

Under all the facts and circumstances disclosed in this record, we find that Special Term should not have denied defendant’s motion to permit defendant and witness to appear for examination or granted plaintiff’s motion to strike out defendant’s answer and enter judgment for $0,319.32 in plaintiff’s favor by default. The claimed default was not so clearly deliberate or contumacious as to justify the extreme and drastic relief herein granted.

The orders and judgment appealed from should be reversed and defendant’s motion for an order permitting him and the witness to appear for examination,…