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WEHRINGER v. DOUGLAS GIBBONS-HOLLYDAY & IVES, INC.

52 A.D.2d 768 (1976)

Cameron K. Wehringer, Respondent-Appellant, v. Douglas Gibbons-Hollyday & Ives, Inc., Respondent, and 150 East 73rd Street Corporation, Appellant-Respondent Cameron K. Wehringer, Appellant, v. Douglas Gibbons-Hollyday & Ives, Inc., et al., Respondents

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

May 6, 1976

The defendants were directed to appear for a deposition at Special Term Part II on a specific date. It is alleged that because of inadvertence and confusion a note was not made in the office diary, and thus the defendants failed to appear as required. The plaintiff then moved for an inquest, and Special Term, while correctly denying the inquest, in view of the explanation and the fact that where possible, cases should be decided...

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