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MACK v. EDELL

284 A.D. 1022 (1954)

Walter Mack, on Behalf of Himself and All Other Creditors of William Edell, Similarly Situated, Respondent, v. William Edell, Appellant, et al., Defendants

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

November 10, 1954.

Order reversed on the law and facts, without costs of this appeal to any party and plaintiff's motion denied, without costs.

Memorandum:

There is nothing in the record indicating that defendant Edell's failure to appear for examination was that willful failure contemplated by the statute (Civ. Prac. Act, § 299) which permits the striking of his answer. That the order so doing was conditional does not cure the...

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