Lavett v. Federal Market Co.

Plaintiff moves for an order “ vacating a notice to take the testimony of the plaintiff * # * on the ground that the service of the said notice was untimely under Eule III of the Rules of the Supreme Court, Brie County ’ ’.

The notice to take testimony is the usual notice to take the testimony of a party pursuant to sections 288, 289 and 290 of the Civil Practice Act and rules 121 and 121-a of the Rules of Civil Practice.

Rule III of the Rules of the Supreme Court of the Eighth Judicial District, Erie County, reads as follows:

“Rule III. Notes of Issue:

“ Notes of issue must be filed as required…