1. Home
  2. Browse Decisions
  3. Misc.2d
  4. 43 Misc.2d
  5. 43 Misc.2d 941 (1964)
 

SUNCREST DAIRY v. LA BELLA

43 Misc.2d 941 (1964)

Suncrest Dairy, Inc., Plaintiff, v. Frank La Bella, Defendant.

Supreme Court, Special Term, Nassau County.

May 6, 1964

Attorney(s) appearing for the Case

William M. Mullooly for plaintiff. William V. Armstrong for defendant.

FRANK A. GULOTTA, J.

Plaintiff's motion to strike the defendant's answer for failure to appear for an examination before trial pursuant to notice is denied.

Although the motion is unopposed, the relief sought must be denied since it is no longer available in the first instance under 3126 CPLR.

That section states that such a penalty may be invoked only when a party "refuses to obey an order for...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases