Mackay, Lovell & Co. v. Dillon
This text of 215 A.D. 842 (Mackay, Lovell & Co. v. Dillon) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order denying motion of defendant Dillon, Sr., to vacate notice of examination before trial reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. We think the examination sought should be deferred until after the service of the answer of the codefendant upon the appellant, pursuant to Civil Practice Act, section 264. Until service of such answer, and issue joined, [843]*843the appellant cannot be said to be an adverse party. Kelly, P. J., Rich, Manning, Kapper and Lazansky, JJ., concur.
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215 A.D. 842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackay-lovell-co-v-dillon-nyappdiv-1926.