Snap Lite Corp. v. Stewart Warner Corp.

KNOX, District Judge.

Motion to vacate notice of examination granted as to Brawley. It appears that plaintiff unsuccessfully attempted to examine this person as a defendant in a companion litigation in the New York Supreme Court. Upon this account, I think plaintiff should not be permitted to circumvent that ruling by means of the simple expedient of instituting a suit in this court. Upon conclusion of the ’State court action, plaintiff may re-serve Brawley with a notice of examination. In the event this case proceeds to trial in advance of the State court action, plaintiff may move this court…