Hand v. Haiduck

The preliminary question raised by plaintiff in opposition to the defendants’ motion to vacate plaintiff’s notice for examination before trial presents the interpretation of section 291 of the Civil Practice Act with respect to the time within which motions of such character may be made. That section reads: “Any question as to the right to take testimony, or as to the time or p ace, or as to the matters as to which the testimony is to be taken, or as to the persons before whom it is to be taken, may be raised by a motion to vacate or modify the notice. The service of notice if made for the…