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BUSHANSKY v. EQUITY TRANSP. CO. INC.

255 A.D.2d 480 (1998)

680 N.Y.S.2d 641

Justin Bushansky, an Infant, by His Father and Natural Guardian, Gregory Bushansky, et al., Appellants, v. Equity Transportation Co., Inc., et al., Respondents, et al., Defendant

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

November 23, 1998

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the plaintiffs' motion to strike the respondents' answer pursuant to CPLR 3126 based upon the failure of the defendant James Clarence Junior to submit to an examination before trial. The plaintiffs did not dispute defense counsel's assertion that the parties had previously stipulated that such failure would result in James Clarence Junior being...

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