Curran v. Pegler

The motion is to vacate a notice of examination in a libel case. The notice is in the general form as to all matters in issue. There are few points of practice on which there is a greater wealth of authority than this is not permissible in an action in defamation. Plaintiff does not currently contest this. He asks to have decision held in abeyance while a cross motion is decided. The motion is stated to be on the pleadings. Plaintiff seeks a clarification of what the pleadings are. It appears that the answer and amended answer are unverified. Plaintiff accepted the answer but returned the…