NOWAK v. BUFFALO ELEC. CO., INC.


286 A.D. 987 (1955)

Norbert A. Nowak, Appellant, v. Buffalo Electric Company, Inc., Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 28, 1955.


Order insofar as it denies plaintiff's motion affirmed; order insofar as it grants defendant-appellant's motion reversed on the law and motion denied, without costs of this appeal to any party.

Memorandum:

While it is now proper to strike the pleading of a party if he willfully fails to appear for examination pursuant to either an order or notice of examination (Civ. Prac. Act, § 299, as amd. by L. 1955, ch. 497, eff. Sept. 1, 1955), such remedy was not...

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