Opinion
Argued February 17, 1977
Decided March 31, 1977
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HYMAN KORN, J.
Herman Mark Harris and Michael Jerome Zissu for appellant.
S.S. Goldsmith for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division, with the added observation that the record reveals that the failure to complete the examination before trial of the defendant Hirsch appears to be attributable in the main to the harassing, abusive and vulgar tactics employed by counsel for plaintiff.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.