DORSET CATERERS v. NASSAU DIN. CAR


67 Misc.2d 687 (1971)

Dorset Caterers, Inc., Plaintiff, v. Nassau & Suffolk Dining Car and Restaurant Association, Inc., Defendant.

District Court of Nassau County, First District.

October 12, 1971


Attorney(s) appearing for the Case

Samuel Mandell for plaintiff. Rosenberg, Rosenberg, & Rockman for defendant.


EDWARD J. POULOS, J.

Plaintiff moves to strike defendant's answer pursuant to CPLR 3126 for failing and refusing to sign the transcript of the examination before trial heretofore taken of defendant.

Defendant counters with the argument that:

(1) "that many of the questions that were asked and answered by him (defendant's witness) were not in the record";

(2) that the examination was improperly...

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