O'Neill v. James

Martin, J.:

The appellants applied at Special Term to vacate the notice of examination of a witness on the ground that the witness was not a party to the action and was not a witness whose testimony was material or who was within the situations specifically set forth in section 288 of the Civil Practice Act which rendered it proper that his deposition should be taken.

Section' 288 of the Civil Practice Act provides that any party to an action in a court of record may cause to be taken by deposition before trial his own testimony or that of an adverse party which is material and necessary. It…