Revesz v. Geiger

Motion to vacate a notice of examination before trial of defendant, on the ground that it was prematurely noticed is denied. The notice was served prior to joinder of issue and, therefore, in apparent contravention of subdivision 2 of rule XI of the rules of this court. However this motion must be determined pursuant to the now effective Civil Practice Law and Rules, unless application of the new procedure “ would not be feasible or would work injustice ” (CPLR, § 10003). In the instant case there appears no basis for applying the former rules of this court, which, if contrary to the Civil…