Appellate Division of the Supreme Court of New York, 1972

Brody v. Campbell

Appellate Division of the Supreme Court of New York · Decided January 31, 1972

38 A.D.2d 702; 328 N.Y.S.2d 1011; 1972 N.Y. App. Div. LEXIS 5469

Opinion of the Court

Appeal from order, Supreme Court, Bronx County, entered on or about December 22, 1970, granting defendants’ motion to vacate their default in answering a motion to strike their answer for failure to appear for examination before trial, unanimously dismissed, without costs and without disbursements. (See Turntables, Inc. v. M. B. Plastics Corp., 33 A D 2d 899.) Concur—Markewich, J. P. Murphy, McNally, Tilzer and Capozzoli, JJ.

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