UNITED REFRIGERATOR CO. v. ROSE


19 A.D.2d 809 (1963)

United Refrigerator Company, Appellant, v. Mark Rose, Respondent

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

October 15, 1963


Order, entered on May 23, 1963, unanimously modified, upon the law and the facts, and in the exercise of discretion, without costs, to provide that the answer of defendant-respondent shall be and is stricken unless the defendant shall appear for examination before trial at Special Term, within 90 days after entry of the order herein, at a date to be fixed in such order.

A date and place in the city here for the examination of the said defendant were fixed in the notice...

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