Majority
p. 1031Jessie Spillman et al., Respondents, v. Morris Harris, Defendant, and George Wallace, Appellant.
Order unanimously reversed and the motion to strike out the answer denied, without costs. The failure to appear for examination was due to lack of attention to the matter rather than a willful default and under the circumstances striking the answer was too drastic. Present — Peck, P. J., Dore, Cohn, Bastow and Botein, JJ.