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MOSTOW v. SHORR

44 Misc.2d 733 (1964)

Mae Mostow et al., Plaintiffs, v. Fannie Shorr, Defendant.

Supreme Court, Special Term, Kings County.

March 19, 1964

Attorney(s) appearing for the Case

Kaufman & Kaufman for plaintiffs. Irving Segal for defendant.

ANTHONY J. DI GIOVANNA, J.

Motion for an order striking out the answer of the defendant for failure to appear for examination before trial.

The examination before trial was commenced by service of a notice. The defendant takes the unusual position that the CPLR does not provide for the relief requested and on the other hand takes the further position that only if an order for examination before trial has been obtained, can the relief sought be...

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