
    Benjamin Jankowski, Plaintiff, v. Frisby Machine Company, Inc., Defendant.
    Supreme Court, Special Term, Nassau County,
    November 21, 1960.
    
      
      Mehrm'cmn & Politano (Harrison L. Gurrey of counsel), for plaintiff. Frederick B. Frimel for defendant.
   Mabio Pittoni, J.

Motion to vacate a notice demanding an examination before trial is denied. When the examination was adjourned by written stipulation no reservation was made of the right to attack the notice. Absent a reservation, the right is waived. (Mossew v. To Market, Inc., 3 A D 2d 189.)  