Kamp v. Schier

Appeal by plaintiff from so much of an order of the Supreme Court, Queens County, dated July 23, 1979 as (1) denied his cross motion to strike the answer and counterclaim of defendant for failure to appear for an examination before trial, (2) directed that no tape recorder be allowed in the examining room and (3) set a new date for the examination. Order modified by adding thereto a provision that upon the court’s own motion, pursuant to CPLR 3104 (subds [a], [e]), the examination before trial in this case shall be supervised by a Referee, the expenses of whom shall be borne equally by the…