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NEEDLEMAN v. PARION THEATRE CORP.

12 A.D.2d 791 (1961)

Sam Needleman, Individually and as Guardian ad Litem of Philip Needleman, an Infant, Respondent, v. Parion Theatre Corporation et al., Appellants

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

January 9, 1961

The notice of examination before trial was served by defendants after plaintiffs had placed the action on the calendar and filed the statement of readiness. The notice designated Kings County as the place of examination. Plaintiffs, however, reside in Queens County, and the action is pending in Queens County. Plaintiffs' bill of particulars was served less than a month prior to defendants' service of their notice of examination. A motion by defendants to strike the action...

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