¶1Order-dated July 30, 1959, denying defendants’ motion to strike the complaint by reason of plaintiffs’ failure to appear for an examination before trial, unanimously affirmed, without costs. Costs are not awarded because of respondents’ failure to follow the rules with respect to moving to vacate the notice of examination before trial. Concur — Breitel, J. P., Rabin, Yalente and Bergan, JJ.
11 A.D.2d 667
Morales v. Stern
Appellate Division of the Supreme Court of the State of New York
Decided June 21, 1960
Appellate Division of the Supreme Court of the State of New York · decided 1960-06-21
Decided 1960-06-21