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LITTLE & IVES CO. v. HANOVER INS. CO.

34 Misc.2d 961 (1962)

J. J. Little & Ives Co. Inc., Plaintiff, v. Hanover Insurance Company, Defendant.

Supreme Court, Special Term, New York County.

April 26, 1962

Attorney(s) appearing for the Case

Weisman, Celler, Allan, Spett & Sheinberg (Leonard Lipschitz of counsel), for plaintiff. Rein, Mound & Cotton (Eugene A. Leiman of counsel), for defendant.

MATTHEW M. LEVY, J.

In this action upon a policy of insurance to recover for water damage to the plaintiff's property, the defendant moves to vacate the plaintiff's notice to examine the defendant before trial.

After the receipt by the defendant of the notice for examination, it asked for and obtained an adjournment thereof. It is elementary that, when the defendant stipulated in writing to adjourn the...

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