CINELLI v. RADCLIFFE


35 A.D.2d 829 (1970)

Maryanne Cinelli, an Infant, by Her Parent and Natural Guardian, Robert Cinelli, et al., Respondents, v. Peter Radcliffe, Infant, by His Parent, Harold Radcliffe, Appellant

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

November 23, 1970


Order reversed, with $10 costs and disbursements to plaintiffs, and plaintiffs' motion granted only to the extent of precluding defendant from testifying at the trial unless he (1) submits to an examination before trial on such date and place as shall be fixed by plaintiffs by written notice of not less than 10 days served upon defendant's attorney and (2) pays $250 to plaintiffs' attorney five days before such date for examination. In our opinion, the striking of an answer...

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