Appellate Division of the Supreme Court of the State of New York November 3, 1980 (Shampaner v. Epstein)

In a negligence action to recover damages for personal injuries, etc., the defendant City of New York appeals " from an order of the Supreme Court, Kings County, dated September 25,1979, which, upon the city’s failure to appear at an examination before trial, granted -plaintiffs’ oral motion to strike its answer.