Kozak v. 244 East 2nd Realty, Inc.

This is a motion by defendant “ for an order striking the purported notice to take the deposition of the defendant before trial * * * in its entirety on the ground that an examination before trial of this defendant has already been held and completed in this action.” The basic action is one for damages for personal injuries allegedly caused the infant plaintiff, a tenant in defendant’s premises, by the defendant’s negligent operation of the premises.

It appears that, heretofore, plaintiffs had served a notice to examine defendant by a representative familiar with the facts, that defendant…