WILLIAM V. GRIFFIN & CO. INC. v. SPERLING S.S. & TRADING CORP.


28 A.D.2d 976 (1967)

William V. Griffin & Co. Inc., Respondent, v. Sperling Steamship & Trading Corporation, Appellant

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

October 5, 1967


Order entered March 31, 1967, granting plaintiff-respondent's motion to vacate defendant-appellant's notice of examination, unanimously reversed, upon the law, with $30 costs and disbursements to appellant. CPLR 3106 (subd. [a]) does not prevent the service of a notice of examination before answer; pretrial examination may proceed prior to the joinder of issue. Nor is there any necessity of showing special circumstances. (See, Matter of Welsh, 24 A...

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