Shaffer v. Hirsch — 41 N.Y. 960

Majority

p. 960

Arthur H. Shaffer, Appellant, v Howard C. Hirsch, Respondent, et al., Defendants.

Argued February 17, 1977;

decided March 31, 1977

p. 961

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

p. 962

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.