MONTGOMERY v. COLORADO


179 A.D.2d 401 (1992)

Joyce Montgomery et al., Respondents, v. William Colorado et al., Appellants, et al., Defendant

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

January 9, 1992


This is an action for personal injuries allegedly sustained as a result of an automobile accident. The parties were ordered to appear for examination before trial but appellants failed to do so and gave no excuse for their nonappearance. Plaintiffs' subsequent motion for default was withdrawn upon representations by the appellants that the witnesses would be produced. Upon being informed that the witnesses would not be produced, plaintiffs again moved for default resulting...

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