Donahue v. Donahue

Motion in a divorce action for an order to take the deposition of the Nassau County Police and of a Nassau County detective concerning certain alleged confessions made by the defendant to them.

Section 292 of the Civil Practice Act provides that an examination before trial may be had by motion and “ upon notice to the other parties who have appeared or answered. ’ ’ The moving papers establish that the defendant has appeared in this action by attorney; but only the County Attorney was served with notice of motion. Failure to serve the defendant with notice of motion commands a denial of this…