¶1*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.
15 A.D.2d 902
Craig v. Warshaw
Appellate Division of the Supreme Court of the State of New York
Decided March 20, 1962
Appellate Division of the Supreme Court of the State of New York · decided 1962-03-20
Decided 1962-03-20