Faine v. Imported Brands, Inc.

Motion by plaintiff for an order vacating defendant’s notice of examination, dated January 18, 1954, and its amendatory notice, dated January 25, 1954. Cross motion by defendant for an order directing that the examination of defendant, pursuant to plaintiff’s notice, dated January 22, 1954, be held after the examination of plaintiff by the defendant.

Defendant’s notice of examination required the plaintiff to appear for examination before a notary public in Kings County. Since plaintiff neither resides nor has an office for the regular transaction of business in person in such county, he could…