Appellate Division of the Supreme Court of New York, 1948

D'Andrea v. Wilson

D'Andrea v. Wilson
Appellate Division of the Supreme Court of New York · Decided April 26, 1948
273 A.D. 981; 78 N.Y.S.2d 445; 1948 N.Y. App. Div. LEXIS 5584
D'Andrea v. Wilson

Opinion of the Court

Motion to dismiss defendant’s appeal from an order directing her examination before trial and granting other relief, denied, with $10 costs. Plaintiff’s right to a stay under section 1520 of the Civil Practice Act was waived .when he propelled the action onward by restoring it to the trial calendar and by applying for the defendant’s examination. (Rollins v. Carib Syndicate, Ltd., 172 Mise. 648, affd. 258 App. Div. 816.) Present — Lewis, P. J., Carswell, Johnston, Adel and Sneed, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.