Brand v. Colgate-Palmolive Co. , 21 A.D.2d 670 ( 1964 )


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  • Order, entered on March 10, 1964, denying defendant-appellant’s motion for a protective order in a products liability ease, unanimously affirmed, with $20 costs and disbursements to plaintiffs-respondents. The notice to take defendants’ oral testimony before trial on February 5, 1964, was served on January 23, 1964. Defendant-appellant had ample time to move for a protective order which would have automatically stayed the examination. (CPLR 3103, subd. [b].) However, it sought and obtained an adjournment of the examination pursuant to the notice without reservation of any right to object. “By custom and practice, adjournments of examinations before trial, like *671extensions of time to serve answers, contain or should contain reservation of rights to question the regularity or validity of a notice of examination”. (Mossew v. To Market, 3 A D 2d 189, 190.) Where no reservation has been made in a stipulation for an adjournment of an examination before trial, a motion to modify the notice of examination must be denied. (Mossew v. To Market, supra.) Settle order on notice fixing date for examination to proceed. Concur — Botein, P. J., Rabin, Valente, McNally and Eager, JJ.

Document Info

Citation Numbers: 21 A.D.2d 670

Filed Date: 5/26/1964

Precedential Status: Precedential

Modified Date: 1/12/2022