Mackay, Lovell & Co. v. Dillon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order denying motion of defendant Dillon, Sr., to vacate notice of examination before trial reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. We think the examination sought should be deferred until after the service of the answer of the codefendant upon the appellant, pursuant to Civil Practice Act, section 264. Until service of such answer, and issue joined, *843the appellant cannot be said to be an adverse party. Kelly, P. J., Rich, Manning, Kapper and Lazansky, JJ., concur.
2Cited by6 opinions
- In re the Probate of the Will of CarllNew York Surrogate's Court · 1951
- Punia v. Dry Dock Savings BankAppellate Division of the Supreme Court of the State of New York · 1952
- Grennan v. ColesAppellate Division of the Supreme Court of the State of New York · 1930
- In re the Probate of the Will of BaumNew York Surrogate's Court · 1957
- Parodis v. Hearn Department Stores, Inc.New York Supreme Court · 1942
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