The motion for an order to vacate the notice, "without prejudice to the right of the plaintiff to proceed by order as required by section 1094-a of the Civil Practice Act," was made on the ground that the action was one to recover a chattel and that a notice of taking testimony by deposition, such as the one served, was not authorized by law. Order affirmed, with $10 costs and disbursements. The examination pursuant to the notice and order shall proceed on a date to be mutually...
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