Appellate Division of the Supreme Court of New York, 1962

Craig v. Warshaw

Appellate Division of the Supreme Court of New York · Decided March 20, 1962

15 A.D.2d 902; 225 N.Y.S.2d 556; 1962 N.Y. App. Div. LEXIS 10870

Opinion of the Court

*903Plaintiff’s motion to vacate the defendants’ notice of examination effected a stay of the examination (Civ. Prac. Act, § 291.) In the circumstances there is no basis for the finding of willfulness implicit in the conditional dismissal of the complaint. The time of and place for the examination of the plaintiff are to be provided in the order to be noticed for settlement hereon. Settle order on notice. Concur — Breitel, J. P., Valente, McNally, Eager and Steuer, JJ.

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