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COCILOVO v. ELNILY

271 A.D.2d 393 (2000)

706 N.Y.S.2d 899

FRANK COCILOVO, Respondent, v. ALI A. ELNILY et al., Appellants.

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

Decided April 3, 2000.

Ordered that the order is affirmed, with costs.

The Supreme Court properly issued an order conditionally granting the motion to strike the defendants' answer due to the their repeated failure to appear for examinations before trial, in violation of the preliminary conference order (see, Rowe v Lee Gee Sook, 224 A.D.2d 404, 405; Spataro v Ervin, 186 A.D.2d 793, 794; Montgomery...

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