Williams v. New York City Transit Authority

In a negligence action to recover damages for personal injury, the plaintiff appeals from an order of the Supreme Court, Kings County, dated November 4, 1964, which granted defendants’ cross motion to examine plaintiff before trial. Plaintiff’s initial motion to vacate defendants’ notice of such examination was not expressly disposed of in the order. Order reversed, with $10 costs and disbursements; defendants’ cross motion denied; and plaintiff’s motion to vacate defendants’ notice of examination granted. Defendants’ notice was served subsequent to plaintiff’s filing of a note of issue and…