Suchoff v. Crystal Paper Box Co.

Defendants Benjamin Ziegler and Crystal Paper Box Co., Inc., move to vacate or modify plaintiff’s notice of examination of said defendants before trial. Plaintiff cross-moves pursuant to article 29 of the Civil Practice Act, to strike the answer of said defendants for failure to appear for examination pursuant to said notice.

The notice he attacked is in the form followable under rule 121-a of the Rules of Civil Practice, as amended in 1958. The movants’ contention that the testimony sought to be taken is not material and necessary, is clearly without substance. (MacLeod v. Roth Co., 5 A D 2d…