Macedo Soares, Inc. v. Guertzenstein

Appellate Division of the Supreme Court of New York

Macedo Soares, Inc. v. Guertzenstein

279 A.D. 744, 109 N.Y.S.2d 100, 1951 N.Y. App. Div. LEXIS 3623

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 18, 1951

StatusPublished

This text of 279 A.D. 744 (Macedo Soares, Inc. v. Guertzenstein) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Macedo Soares, Inc. v. Guertzenstein, 279 A.D. 744, 109 N.Y.S.2d 100, 1951 N.Y. App. Div. LEXIS 3623 (N.Y. Ct. App. 1951).

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Opinion

We have given full consideration to the rule expressed in Feingold v. Walworth Bros. (238 N. Y. 446) with respect to the extent of the penalty to be imposed for failure of defendant to appear for examination before trial. We find, however, that the examination directed herein was sufficiently extensive to warrant [745]*745striking the answer as a whole for failure of defendant to appear. No substantial issues remained upon which defendant might be heard. Present — Glennon, J. P., Dore, Cohn, Callahan and Shientag, JJ. [See post, p. 791.]

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We have given full consideration to the rule expressed in Feingold v. Walworth Bros. (238 N. Y. 446) with respect to the extent of the penalty to be imposed for failure of defendant to appear for examination before trial. We find, however, that the examination directed herein was sufficiently extensive to warrant [745]*745striking the answer as a whole for failure of defendant to appear. No substantial issues remained upon which defendant might be heard. Present — Glennon, J. P., Dore, Cohn, Callahan and Shientag, JJ. [See post, p. 791.]

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Bluebook (online)

279 A.D. 744, 109 N.Y.S.2d 100, 1951 N.Y. App. Div. LEXIS 3623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macedo-soares-inc-v-guertzenstein-nyappdiv-1951.

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