SPATARO v. ERVIN


186 A.D.2d 793 (1992)

Diana Spataro et al., Respondents, v. Howard P. Ervin, Appellant

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

October 26, 1992


Ordered that the order is affirmed, without costs or disbursements.

The defendant failed to appear for a court-ordered examination before trial and thereafter the plaintiffs moved to strike his answer. In the order appealed from, their motion was granted, but the defendant was afforded one final opportunity to appear. However, he failed to appear and, under the aforesaid conditional order, his answer was stricken. His counsel...

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