SPILLMAN v. HARRIS


283 A.D. 1031 (1954)

Jessie Spillman et al., Respondents, v. Morris Harris, Defendant, and George Wallace, Appellant

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

June 8, 1954.


Order unanimously reversed and the motion to strike out the answer denied, without costs.

The failure to appear for examination was due to lack of attention to the matter rather than a willful default and under the circumstances striking the answer was...

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