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MILLS v. DUCILLE

170 A.D.2d 657 (1991)

Pamela Mills, as Executrix of Elena Benvegna, Deceased, Respondent, v. Paul H. Ducille, Appellant, et al., Defendant

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

February 25, 1991

Ordered that the order is affirmed, with costs.

The appellant adjourned an examination before trial pursuant to notice on four occasions, and, following the plaintiff's motion to compel an examination before trial, disobeyed a court order that he appear for the examination within the ensuing 90 days. The court thereafter properly exercised its discretion in striking the appellant's answer.

CPLR 3126 provides that...

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