The motion is to vacate a notice of examination in a libel case. The notice is in the general form as to all matters in issue. There are few points of practice on which there is a greater wealth of authority than this is not permissible in an action in defamation. Plaintiff does not currently contest this. He asks to have decision held in abeyance while a cross motion is decided. The motion is stated to be on the pleadings. Plaintiff seeks...
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