Ordered that the order is affirmed, with costs.
Pursuant to a court order, the plaintiff Frieda Bernstein appeared for an examination before trial on January 16, 1985, but neither the defendant nor his attorney was present and their default was noted. Thereafter, on May 7, 1985, Mrs. Bernstein again appeared to be deposed pursuant to another court order, and, again, the defendant did not appear and the defendant's counsel failed to examine her. The defendant now moves...
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