Kalmanash v. Weinstein

271 A.D.2d 788

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 7, 1946
• Status: Published

Opinion

Appeal by defendants from an order denying, without prejudice to a further application, their motion for a discovery and inspection, and from another order granting plaintiff’s motion for an examination before trial, insofar as the latter order allowed examination upon certain items, designated “ 8 ”, “ 9 ” and ”11”. Appeal from the order denying defendants’ motion for discovery and inspection dismissed, without costs. The order is not appealable. (Wei»rib v. American Binder Go., 270 App. Div. 914.) Order granting plaintiff’s motion for an examination before trial, insofar as appealed from, affirmed, with $10 costs and disbursements; the examination to proceed on five days’ notice. No opinion. Lewis, P. J., Carswell, Johnston, Adel and Aldrich, JJ., concur.