Both branches of plaintiff's motion should have been denied as premature and in violation of the well-established rule that applications for pretrial examinations and discovery and inspection are not to be made until after joinder of issue. The service of defendants' answer before the return day of the motion did not validate the improperly initiated application (Punia v. Dry Dock Sav. Bank, 280 App. Div. 431). Plaintiff's moving papers are also fatally defective in...
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