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.)