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Livingston v. Mayes

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 8, 1965
23 A.D.2d 814 (N.Y. App. Div. 1965)

Opinion

April 8, 1965

Appeal from the Erie Special Term.

Present — Williams, P.J., Bastow, Goldman, Noonan and Del Vecchio, JJ.


Order unanimously reversed, without costs of this appeal to any party, and motion denied, without costs. Memorandum: There is nothing in the record indicating that failure of plaintiffs to appear for examination before trial was that willful failure contemplated by the statute. (Civ. Prac. Act, § 299, now CPLR 3126.)


Summaries of

Livingston v. Mayes

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 8, 1965
23 A.D.2d 814 (N.Y. App. Div. 1965)
Case details for

Livingston v. Mayes

Case Details

Full title:ROBERT LIVINGSTON et al., Appellants, v. ROBERT L. MAYES, Respondent, and…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 8, 1965

Citations

23 A.D.2d 814 (N.Y. App. Div. 1965)

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