In an action to recover a real estate brokerage commission, plaintiff appeals from an order of the County Court, Westchester County, dated May 29, 1962, which conditionally granted its motion to strike out the answer of the corporate defendant, Pomer Homes, Inc., and to award judgment in plaintiff’s favor, as demanded in the complaint; the condition being that if such corporate defendant, by a named officer, shall submit to examination on the date fixed in the order, the motion is denied. The motion was based on Said defendant’s failure to appear for examination before trial pursuant to notice and to repeated written demands by letter. Order modified in the exercise of discretion by striking out its decretal paragraph, and by substituting therefor a paragraph granting unconditionally the plaintiff’s said motion. As so modified, order affirmed, with $10 costs and disbursements to plaintiff In our
