Crowe v. Marsh Garage Co.

This is a motion to vacate a notice to take the deposition of the defendant before trial given pursuant to section 290 of the Civil Practice Act. The motion to vacate is made pursuant to section 291 of the same act.

I am of the opinion that the provisions of the Civil Practice Act for the taking of testimony by deposition pursuant to section 290 and the practice thereon as it *661is now contained in the Civil Practice Act is applicable to the Municipal Court of the city of New York. The Civil Practice Act by section 1, article 1, provides that “ This act shall be-known as The Civil Practice Act,…