Citation Numbers： 26 Misc. 2d 801, 208 N.Y.S.2d 356, 1960 N.Y. Misc. LEXIS 2177
Judges： Pittoni
Filed Date： 11/21/1960
Status： Precedential
Modified Date： 10/19/2024
Motion to vacate a notice demanding an examination before trial is denied. When the examination was adjourned by written stipulation no reservation was made of the right to attack the notice. Absent a reservation, the right is waived. (Mossew v. To Market, Inc., 3 A D 2d 189.)