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LIVINGSTON v. MAYES

Appellate Division of the Supreme Court of New York, Fourth Department.
Apr 8, 1965

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, ยง 299, now CPLR 3126.)