Yarmove v. Retail Credit Co.

Appellate Division of the Supreme Court of New York

Yarmove v. Retail Credit Co.

20 A.D.2d 876, 248 N.Y.S.2d 519, 1964 N.Y. App. Div. LEXIS 3988

Procedural entryThis page is a short order in Yarmove v. Retail Credit Co.. Read the opinion of the Court — 18 A.D.2d 790 →

Appellate Division of the Supreme Court of the State of New York·Decided April 21, 1964·Published

Opinion

Order, entered on April 29, 1963, granting defendant’s motion to vacate plairi[877]*877tiff’s notice of examination before trial of defendant in a libel action, unanimously reversed, on the law, and on the facts, and the motion to vacate denied, without costs. (Nomako v. Ashton, 20 A D 2d 331.) Article 31 of the Civil Practice Law and Rules is applicable to pending actions. (CPLR, 10003.) Settle order on notice fixing date for examination to proceed. Concur—Breitel, J. P., McNally, Eager, Steuer and Staley, JJ.

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Order, entered on April 29, 1963, granting defendant’s motion to vacate plairi[877]*877tiff’s notice of examination before trial of defendant in a libel action, unanimously reversed, on the law, and on the facts, and the motion to vacate denied, without costs. (Nomako v. Ashton, 20 A D 2d 331.) Article 31 of the Civil Practice Law and Rules is applicable to pending actions. (CPLR, 10003.) Settle order on notice fixing date for examination to proceed. Concur—Breitel, J. P., McNally, Eager, Steuer and Staley, JJ.

Yarmove v. Retail Credit Co., 20 A.D.2d 876, 248 N.Y.S.2d 519, 1964 N.Y. App. Div. LEXIS 3988 (N.Y. Ct. App. 1964).

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