Abels v. Rubin

The summons and complaint were served November 11, 1932. From the complaint it appears that the plaintiff seeks to recover the sum of $1,183.83 as rent and charges, under the terms of an alleged lease between the parties. Defendant’s time to answer has not expired and no answer has yet been interposed. Simultaneously with the service of the summons and complaint, the plaintiff served the notice and subpoena to examine the defendant as an adverse party before trial as to:

1. The terms of the alleged lease between the parties; and

2. Matters relating to the occupancy of the defendant under such…