LIBERTY DRESSING v. FOSTER SPORTSWEAR


14 A.D.2d 196 (1961)

Liberty Dressing Co., Inc., Respondent, v. L. W. Foster Sportswear Co., Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 1, 1961.


Attorney(s) appearing for the Case

Robert P. Best for appellant.

Maider, Smith & Maider (Robert L. Maider of counsel), for respondent.

BERGAN, P. J., GIBSON, REYNOLDS and TAYLOR, JJ., concur in Per Curiam opinion; HERLIHY, J., dissents in a memorandum.


Per Curiam.

Defendant appeals from an order of the Supreme Court at Special Term which denied its motion to vacate plaintiff's notice of examination of defendant before trial and granted plaintiff's cross motion for such examination.

Although the action was commenced January 8, 1959, plaintiff has not yet filed a note of issue and apparently undertook no pretrial procedures until after defendant had filed note of issue, with the required statement of...

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