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BOLSER v. NEWPORT TRUCKING, INC.

90 A.D.2d 784 (1982)

Anastasia Bolser et al., Respondents, v. Newport Trucking, Inc., Appellant, et al., Defendant. (And a Third-Party Action.)

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

November 8, 1982

Order affirmed insofar as appealed from, with $50 costs and disbursements.

Although it does not appear that appellant's defaults could be termed contumacious as a matter of law, appellant failed to adequately explain its failure to appear on two occasions for court-ordered examinations. Therefore, the order imposing a penalty and granting appellant one final opportunity to comply before its answer would be stricken was not...

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