MERRITT ASSOCS., INC. v. POMER HOMES, INC.


17 A.D.2d 831 (1962)

Merritt Associates, Inc., Appellant, v. Pomer Homes, Inc., Respondent, et al., Defendants

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

October 9, 1962


The motion was based on said defendant's failure to appear for examination before trial pursuant to notice and to repeated written demands by letter. Order modified in the exercise of discretion by striking out its decretal paragraph, and by substituting therefor a paragraph granting unconditionally the plaintiff's said motion. As so modified, order affirmed, with $10 costs and disbursements to plaintiff. In our opinion, there can...

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