Plaintiff Schmitt is the trustee in bankruptcy of Charles L. Tellerday. The record reveals that by an order dated March 25, 1982, Special Term directed defendant Morgan to submit to an examination before trial as a condition precedent to the denial of plaintiff Schmitt's application to strike an affirmative defense and counterclaim from defendant Morgan's answer. Thereafter, Morgan appeared at such examination but did not produce certain books, records, and other writings...
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