We affirm the IAS court's denial of defendant's motion for summary judgment since she has not appeared for examination before trial and there exist questions of material fact as to her negligence. However, we find it was an improvident exercise of discretion to strike defendant's answer for failure to appear for examination before trial in light of the absence of willful or contumacious conduct and counsel's diligent efforts to find her. If defendant does not appear for examination...
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