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KIVO v. KIVO

193 A.D.2d 585 (1993)

597 N.Y.S.2d 157

Patricia Kivo, Respondent, v. Lewis N. Kivo, Appellant

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

May 3, 1993

Ordered that the orders are affirmed, with one bill of costs.

The defendant's failure to appear for two scheduled examinations before trial was deliberate and contumacious. He failed to offer a reasonable excuse for the defaults (see, Read v Dickson, 150 A.D.2d 543; Ferraro v Koncal Assocs., 97 A.D.2d 429). Contrary to his contentions, there was no need for the court to consider...

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