CALANDRA v. WUCHER


203 Misc. 522 (1952)

Charles Calandra, Plaintiff, v. James P. Wucher, Defendant.

Supreme Court, Special Term, Queens County.

September 4, 1952.


Attorney(s) appearing for the Case

Jerome Kern for plaintiff.

William S. O'Connor and David C. Daland for defendant.


STODDART, J.

Two motions.

These motions involve rule 121-a of the Rules of Civil Practice. The defendant simultaneously with the service of his answer served a notice of examination to take the plaintiff's testimony thirty-seven days later. The day following receipt of the answer, the plaintiff served a notice to take the defendant's testimony thirteen days after the date of the notice — or twenty-three days prior to the examination date...

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