Simons v. Simons

The corespondent in the above action moves to vacate a notice to take her deposition as a party to the action before trial by plaintiff. She urges four reasons as a basis for granting the . motion as follows: (1) that' she is not a party to the action within the meaning of that term as used in section 288 of the Civil Practice Act; (2) that the plaintiff is not entitled to an examination on the matters with reference to which the examination is sought; (3) that the testimony sought to be taken on the matters contained in paragraphs marked “ 5 ” and “ 6 ” is incompetent; and (4) that the…