FONSECA v. SCHAEFFER


28 A.D.2d 995 (1967)

Arthur P. Fonseca, Respondent, v. Jacob M. Schaeffer, Appellant

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

October 2, 1967


Appeals from two orders of said court dated March 16, 1967 and April 24, 1967, respectively, dismissed, as moot, without costs.

At the times fixed by notice and subsequent order for defendant's pretrial examination, he was employed outside the United States. His attorneys offered to produce him at the time of his annual vacation, when he would return to this country. Clearly, these facts do not involve the willfulness which...

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