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VICTOR PRODS. v. SELMIX DISPENSERS

32 Misc.2d 971 (1961)

Victor Products Corporation, Plaintiff, v. Selmix Dispensers, Inc., Defendant.

Supreme Court, Special Term, Queens County.

May 1, 1961

Attorney(s) appearing for the Case

Julius Hochstein for plaintiff. Irving L. Spanier for defendant.

HAROLD J. CRAWFORD, J.

Motion by defendant to vacate the plaintiff's notice of examination before trial on the ground that plaintiff waived its right to examine defendant by serving a note of issue and statement of readiness. While the party filing the readiness statement without first obtaining his deposition generally waives it (Murray's Trucking Serv. v. Manhattan Life Ins. Co.,

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