Edwin B. Dooley v. J. Spencer Gray Et Al‪.‬

The pretrial examination of the defendant corporation, pursuant to the notice heretofore served by the plaintiff, shall proceed on 10 days' written notice or at such time and place as the parties may mutually agree by written stipulation. In the light of the legislative intent inherent in the recent amendment to the statute (CPLR 3216; L. 1964, ch. 974), the action should not be dismissed. In any event, by reason of the individual defendant's death, the court was not authorized to decide the motion until his executor or administrator had been substituted (Ruderman v. Feffer, 10 A.D.2d 704; Wilson v. Harter, 57 App. Div. 484).