Liberty Dressing Co. v. L. W. Foster Sportswear Co.

Defendant appeals from an order of the Supreme Court at Special Term which denied its motion to vacate plaintiff’s notice of examination of defendant before trial and granted plaintiff’s cross motion for such examination.

Although the action was commenced January 8, 1959, plaintiff has not yet filed a note of issue and apparently undertook no pretrial procedures until after defendant had filed note of issue, with the required statement of readiness, when plaintiff then *197served the notice of examination before ns; this some 14 months after joinder of issue and 4 months after defendant’s pretrial…