HOOVER v. RUTH


8 Misc.2d 496 (1957)

George N. Hoover, III, et al., Plaintiffs, v. Andrew H. Ruth et al., Defendants.

Supreme Court, Special Term, Albany County.

October 7, 1957.


Attorney(s) appearing for the Case

Donohue & Bohl for plaintiffs.

De Graff, Foy, Conway & Holt-Harris for Vincent J. Micel and another, defendants.


DONALD S. TAYLOR, J.

The plaintiffs move to vacate the notice of defendants Micel to examine them before trial pursuant to article 29 of the Civil Practice Act on several grounds. Only that of untimeliness merits consideration. The note of issue which they filed and served contained a statement pursuant to the special rule of the Appellate Division of this department respecting calendar practice to the effect...

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