St. John v. Putnam

The action was commenced on the 25th day of January, 1927, by the service of a summons and a notice attached thereto to the effect that the object thereof is to obtain partition of the real property located in the county of Saratoga owned by the decedent at the time of her death. No copy of the complaint was served with the summons but the original and the lis pendens have been filed in the clerk’s office of Saratoga county. The action is not yet at issue.

Section 288 of the Civil Practice Act provides, inter alia, that a party to an action may cause to be taken “ the testimony of any other…