Ryan v. Roman Catholic Church

These are three motions by the defendants to vacate notices of examination before trial. One affidavit, by the plaintiffs’ attorney, has been submitted in opposition to all motions instead of a separate affidavit on each motion, as orderly practice dictates (Jenks v. Lowe, 207 Misc. 141, 143).

All of the notices of examination are defective in that (1) they fail to designate the person or persons to be examined on behalf of the Diocese of Brooklyn, the Diocese of Rockville Centre, or the Archbishopric of New York (Civ. Prac. Act, §§ 289, 290, subd. 3); and (2) they fail to state “ the matters…