Legal Opinion
Graziano v. Eagle Pencil Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 30, 1923PublishedCited by 4 opinions
1Opinion of the Court
McAvoy, J.:
The Special Term refused to stay proceedings on the part of a non-complying plaintiff who had been served with a notice to attend and be examined as to certain defenses. The court declined to stay such proceedings because it evidently concluded that our ruling in Levine v. Moskowitz (206 App. Div. 194), that a pleading of a party may not be stricken out for his failure to comply with a notice to attend for examination, unless a subpoena be served upon the party directing his appearance also, governed the asserted power of the court to stay proceedings where only a notice on the…
2Cases cited7 opinions
- Levine v. MoskowitzAppellate Division of the Supreme Court of the State of New York · 1923
- Dudley v. Press Pub. Co.New York Supreme Court · 1889
- Sivelli v. New River Coal Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Wolf v. Union Waxed & Parchment Paper Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Campbell v. Joseph H. Bauland Co.Appellate Division of the Supreme Court of the State of New York · 1899
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3Cited by4 opinions
- Schoenberg v. StateNew York Court of Claims · 1954
- Goldberg v. Candy Products Co.City of New York Municipal Court · 1926
- Island Supply Co. v. SteitzAppellate Terms of the Supreme Court of New York · 1926
- Bliven v. BurrellAppellate Division of the Supreme Court of the State of New York · 1937