Morales v. Stern , 201 N.Y.S.2d 535 ( 1960 )

Order-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.