Opinion
October 5, 1967
Order entered March 31, 1967, granting plaintiff-respondent's motion to vacate defendant-appellant's notice of examination, unanimously reversed, upon the law, with $30 costs and disbursements to appellant. CPLR 3106 (subd. [a]) does not prevent the service of a notice of examination before answer; pretrial examination may proceed prior to the joinder of issue. Nor is there any necessity of showing special circumstances. (See, Matter of Welsh, 24 A.D.2d 986.)
Concur — Steuer, J.P., Tilzer, Rabin, McNally and McGivern, JJ.