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JANKOWSKI v. FRISBY MACH. CO.

26 Misc.2d 801 (1960)

Benjamin Jankowski, Plaintiff, v. Frisby Machine Company, Inc., Defendant.

Supreme Court, Special Term, Nassau County.

November 21, 1960

Attorney(s) appearing for the Case

Mehrmann & Politano (Harrison L. Currey of counsel), for plaintiff. Frederick B. Frimel for defendant.

MARIO PITTONI, J.

Motion to vacate a notice demanding an examination before trial is denied. When the examination was adjourned by written stipulation no reservation was made of the right to attack the notice. Absent a reservation, the right is waived. (Mossew v. To Market, Inc., 3 A.D.2d 189

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