Fitzpatrick v. Honnell

I am of opinion, and decide, that this motion for the taking of the deposition of the defendant Cervieri as a party before trial should have been made upon notice not only to the said defendant to whom notice was given, but also to the defendant Honnell, who has appeared and answered, but to whom notice of this application has not been given. Examine the mandatory provision of section 292 of the Civil Practice Act, and read also Solomitz v. Steinberg (225 App. Div. 851). The reason for the said provision of section 292, undoubtedly, is that no deposition could properly be read upon the trial…