Taller v. Taller

In an action for separation, defendant appeals from an order of the Supreme Court, Kings County, dated October 4, 1972, which denied his motion for a protective order vacating plaintiff’s notice to examine defendant before trial. Order reversed, with $20 costs and disbursements against respondent, and motion granted. There is no dispute that plaintiff and her attorneys failed to comply with the notice forwarded by the Clerk-in-Charge of the matrimonial part in January, 1970. Thus, pursuant to the notice, the complaint in the action, commenced in 1961, was automatically dismissed for want of…