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LAVETT v. FED. MKT. CO.

20 Misc.2d 764 (1959)

Mary K. Lavett, Plaintiff, v. Federal Market Co., Inc., Defendant.

Supreme Court, Special Term, Erie County.

May 8, 1959.

Attorney(s) appearing for the Case

Gleason, Fitzpatrick, O'Connor & O'Brien for plaintiff.

John H. Napier for defendant.

HAMILTON WARD, J.

Plaintiff moves for an order "vacating a notice to take the testimony of the plaintiff * * * on the ground that the service of the said notice was untimely under Rule III of the Rules of the Supreme Court, Erie County".

The notice to take testimony is the usual notice to take the testimony of a party pursuant to sections 288, 289 and 290 of the Civil Practice Act and rules 121 and 121-a of the Rules of Civil Practice.

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