Order insofar as it denies plaintiff's motion affirmed; order insofar as it grants defendant-appellant's motion reversed on the law and motion denied, without costs of this appeal to any party.
Memorandum:
While it is now proper to strike the pleading of a party if he willfully fails to appear for examination pursuant to either an order or notice of examination (Civ. Prac. Act, § 299, as amd. by L. 1955, ch. 497, eff. Sept. 1, 1955), such remedy was not...
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