Skeaney v. Silver Beach Realty Corp.

The defendant appeals from an order of Special Term which denied defendant’s motion to dismiss the complaint or grant appropriate relief because of an alleged failure of plaintiff to execute properly a transcript of her examination before trial. ■

On September 24, 1959 plaintiff was examined before trial. Thereafter and on October 6, 1959 a transcript of the examination was sent to plaintiff’s attorney for execution by the plaintiff, together with a covering letter requesting that any changes should be appended to the examination. The executed transcript was not returned until December 21,…