SYSOL v. SOMMER


51 A.D.2d 1028 (1976)

Gregory J. Sysol, Respondent, v. William M. Sommer, Appellant

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

March 15, 1976


Orders reversed, without costs or disbursements, on condition that defendant pay plaintiff's attorney the sum of $350 within 20 days after service upon defendant of a copy of the order to be made hereon, together with notice of entry; and otherwise orders affirmed, with one bill of $50 costs and disbursements.

The striking of an answer is an extreme penalty and, under all of the circumstances, that penalty should not have been invoked in this case (see Shaw v Stewart...

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