Maidenbaum v. Incorporated Village of Kensington

Application by defendant, Neal’s Tree Service, Inc., to reargue a motion for an order directing the plaintiff and codefendant to appear for examination before trial is granted and, upon such reargument, the original determination is adhered to.

It appears that in March, 1961, the movant’s former attorneys caused a notice of examination to be served on all other parties returnable May 15, 1961. Thereafter, said examinations were adjourned by consent to September 27, 1961. However, neither the movant nor its former attorneys appeared to conduct such examination. In December, 1961, the plaintiff…