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STOCKMAN v. MARKS POLARIZED CORP.

25 A.D.2d 883 (1966)

Murray Stockman et al., Respondents, v. Marks Polarized Corporation et al., Appellants

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

May 23, 1966

Order reversed, without costs, and motion remitted to the Special Term for further proceedings not inconsistent herewith.

In our opinion, there is no basis in the record for holding that the failure of Mrs. Marks to appear for examination was that willful failure contemplated by the statute; and defendants' answer should not have been struck out, even on condition (Livingstone v. Mayes, 23 A.D.2d 814; Nomako v. Ashton...

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