O'Connor v. Levine
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 24th day of May, 1915, granting the defendant’s motion to vacate an order for the examination of defendant before trial.
1Per curiam
The affidavit upon which the vacating order was made states the ground of the motion to be that at the time the order for examination was obtained by the plaintiff all proceedings on his part were stayed under section 779 of the Code of Civil Procedure by reason of his failure to pay certain motion costs. It appears by the answering affidavit that *920on April 30, 1915, plaintiff served a notice of trial for the June term, which was accepted by the defendant and retained by him for a period of over fifteen days, although said notice of trial was served twelve days after the stay went into…
2Cases cited1 opinion
- Thompson v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by1 opinion
- Rollins v. Carib Syndicate, Ltd.New York Supreme Court · 1939