DU BOIS v. IOVINELLA


15 A.D.2d 616 (1961)

Mildred Du Bois, Plaintiff, and Frederick Du Bois, Appellant, v. Silvino Iovinella, Respondent

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

December 29, 1961


The moving affidavit does not demonstrate the default of appellant to have been so clearly deliberate or contumacious as to justify the extreme and drastic relief which has been granted. We think that he ought to be afforded another opportunity to appear for examination.

Order reversed and the motion to strike the pleading denied, without costs. If the parties are unable to agree as to the time when, place where and officer before whom the examination shall proceed...

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