Order reversed, without costs or disbursements, and motion denied, without prejudice to the commencement of proceedings pursuant to CPLR 3106 (subd [c]).
In view of the fact that defendant-appellant was incarcerated at the time that his examination before trial was scheduled pursuant to notice by plaintiffs-respondents, he did not willfully fail to appear for the examination within the meaning of CPLR 3126 and its related sections (see Goldner v Lendor Structures...
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