Columbia Broadcasting System, Inc. v. Roskin Distributors, Inc.

Steuer, J. P.

In this action for the agreed price of goods sold and delivered, plaintiff moved to dismiss three separate defenses and counterclaims pleaded in the amended answer. Special Term did not reach the merits of the application, having concluded that the application was premature because, from Special Term’s viewpoint, plaintiff had stipulated not to so move until all examinations before trial had been concluded. We do not so interpret the many stipulations made between the attorneys.

It appears that prior to answer defendant moved to examine plaintiff. The parties stipulated to extend…