(DOWNLOAD) "Leo Amkraut v. Roanoke Garment Co." by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Leo Amkraut v. Roanoke Garment Co.
- Author : Supreme Court of New York
- Release Date : January 18, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
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[5 A.D.2d 863 Page 863] Order denying plaintiff's motion to vacate defendant's notice to examine plaintiff before trial modified, in the exercise
of discretion, to condition the denial of the motion on the stipulation by defendant that it pay the costs and disbursements
of this action and of this appeal to plaintiff within 10 days from the service of an order herein with notice of entry thereof,
but in the event that defendant should decline to so stipulate then the order is reversed, and the motion granted, on the
law and in the exercise of discretion, with $20 costs and disbursements of this appeal. The record makes it clear that defendant
is without valid excuse in having failed to seek examination before trial of plaintiff before the filing by plaintiff of the
certificate of readiness, in accordance with the special rule respecting calendar practice, and defendant : is also without
valid excuse, in having failed promptly after the retention of trial counsel one year ago to have sought such examination
before trial. On this basis we would be disposed to agree with plaintiff that the notice should have been vacated. However,
the nature of the case is such that in the interests of justice it is desirable that the plaintiff be examined before trial,
[5 A.D.2d 863 Page 864]