J. J. Little & Ives Co. v. Hanover Insurance

In this action upon a policy of insurance to recover for water damage to the plaintiff’s property, the defendant moves to vacate the plaintiff’s notice to examine the defendant before trial.

After the receipt by the defendant of the notice for examination, it asked for and obtained an adjournment thereof. It is elementary that, when the defendant stipulated in writing to adjourn the examination, without reserving its rights in the premises, it thereby waived its right to attack the notice (Haas v. Rothenberg, 6 A D 2d 797; Mossew v. To Market, 3 A D 2d 189; Kozak v. 244 East 2nd Realty, 25…