Punia v. Dry Dock Savings Bank
Appellate Division of the Supreme Court of the State of New York
1Per curiam
Bach side in this lawsuit served a notice of examination before trial to take the deposition of the other side pursuant to section 288 of the Civil Practice Act. Plaintiffs’ notice was served before the action was at issue. Defendant’s notice was served with the answer. We would not be inclined to disturb the disposition made by Special Term concerning the topics of either examination, and would affirm, except for the *432established rule that applications for examinations before trial made before the action is at issue are vacated as premature, with leave to renew (Lewisohn Bros. v. Muller, 6…
2Cases cited18 opinions
- Bough v. LeeDistrict Court, S.D. New York · 1939
- Grauer v. Schenley Products Co.District Court, S.D. New York · 1938
- Diefendorf v. FennAppellate Division of the Supreme Court of the State of New York · 1908
- Kardonsky v. TozziAppellate Division of the Supreme Court of the State of New York · 1926
- Welsh v. Cowles Shipyard Co.Appellate Division of the Supreme Court of the State of New York · 1922
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3Cited by8 opinions
- Joseph v. ErvolinaAppellate Division of the Supreme Court of the State of New York · 1955
- Cudlipp v. WatsonNew York Supreme Court · 1952
- Samuels v. HirschAppellate Division of the Supreme Court of the State of New York · 1961
- In re the Probate of the Will of BeckNew York Surrogate's Court · 1958
- Dubow v. Ames Home Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1956
3 more not listed; retrieve them via the Exa API.