Kagan v. Gair

Motion to vacate a notice of examination of Max Wallach, individually and as the president or managing agent of certain named corporations.

Neither the corporations nor Wallach are parties to this action, or employees of parties. The notice was allegedly served pursuant to “ section 299 et seq. of the Civil Practice Act and the Rules of Civil Practice ”. Rule 121-a of the Rules of Civil Practice — the only rule under which an examination in an action may he had by notice — pertains only to an examination of a “ party, his agent or employee” (Wax v. Sacks, 280 App. Div. 900). Section 299 of the…