MERMELSTEIN v. KALKER


294 A.D.2d 413 (2002)

741 N.Y.S.2d 904

HELEN MERMELSTEIN, Respondent, v. SERENA E. KALKER, Defendant, and SANTIAGO TEXIDOR, JR., et al., Appellants.

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

Decided May 13, 2002.


Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and that branch of the plaintiff's motion which was to strike the answer insofar as asserted on behalf of the defendant Santiago Texidor, Jr., is granted only to the extent that he is precluded from offering evidence on his own behalf at trial unless he appears for an examination before trial no later than 30 days prior to trial.

The defendant Santiago Texidor...

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