Buehler v. Bush
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Pine E. Bush and another, from an order of the Supreme Court, made at the Queens Special Term and entered in the office of the clerk of the county of Queens on the 9th day of November, 1921, denying defendants’ motion to stay their examination before trial and directing said defendants to present themselves for examination at the time and place stated in the notice of deposition.
1Opinion of the Court
Jaycox, J.:
The defendants have appealed from an order denying their motion to stay the examination of said defendants before trial. *207This action was begun March 15, 1921. Notwithstanding that fact, the plaintiff seeks to examine the defendants under the new Civil Practice Act, which became effective October 1, 1921, without any direction by- any court or judge that' the interest of justice requires that the provisions of said Civil Practice Act be applied to this action or to any proceeding incident thereto. The plaintiff has given the notice required by section 290 of said Civil Practice Act…
2Cited by17 opinions
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- Citizens Trust Co. v. R. Prescott & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- J. Marcus & Sons, Inc. v. Federal InsuranceAppellate Division of the Supreme Court of the State of New York · 1965
- Schonhous v. WeinerNew York Supreme Court · 1930
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