Lipin v. Salkin

Motion to modify plaintiff’s notice of examination and the cross motion for an examination before trial of defendant as a party and a witness are disposed of as follows:

By cross-moving for an order directing the examination of defendant, plaintiff has abandoned his original notice of *878examination. Accordingly, the motion to modify that notice is academic and is dismissed. Since the objections to the notice are applicable to the cross motion for an examination before trial, those objections have been considered by the court in disposing of the cross motion.

Insofar as the cross motion seeks to…