Mossew v. To Market, Inc.

Memorandum By the Court. This is an appeal from an order modifying plaintiff’s notice of examination of the defendants before trial. After issue was joined, plaintiff served the notice of examination. A day or two before the date set for the examinations, at the request of defendants’ counsel a written stipulation for an adjournment of the examinations was signed. The defendants made no reservation in the stipulation of their right to move to modify or otherwise attack the notice of examination. Some days after the stipulation was entered *190into and before the adjourned examination dates, the…