Isenburger v. Arrowhead Mills, Inc.

Plaintiff served notice, under sections 288, 289'and 290 of the Civil Practice Act, that he desired to take before trial the deposition of defendant’s secretary as an adverse party, "and at the same time he served a subpoena duces tecum. Defendant, appearing specially, moved at Special Term for an order setting aside the service. The motion was made upon the grounds that the service of the notice violated rule 121 of the Rules of Civil Practice, in that the notice was not served “ at least five days before the time specified therein for the taking of the testimony,” and that the person upon…