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SCHWARTZ v. MARIEN

40 A.D.2d 1078 (1972)

Margaret Schwartz, as Executrix of Girard A. Dietrich, Deceased, Respondent, v. Robert H. Marien et al., Appellants

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

December 12, 1972

Orders unanimously reversed, with costs, and defendants' cross motion granted.

Memorandum:

Plaintiff obtained an order pursuant to CPLR 3126 striking the answer of the defendants on the ground that they willfully refused to obey an order directing them to submit to an oral examination before trial and denying defendants' cross motion for an order directing plaintiff to answer questions asked of her at an oral examination. The court subsequently denied an application...

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