King v. Altman

257 A.D. 828, 12 N.Y.S.2d 590, 1939 N.Y. App. Div. LEXIS 8055

Opinion

Order denying in part defendant’s motion to vacate plaintiff’s notice of examination modified by striking out the first ordering paragraph and substituting in place thereof the following: “ Ordered that the said motion be and the same hereby is granted as to that part of item numbered “ 1 ” in the said notice of examination which follows the words “ Schedule B ” and as to items numbered “ 4 ” and “ 5 ” in the said notice of examination; and the said motion is in all other respects denied,” and by striking out the second ordering paragraph; and, as thus modified, the order, in so far as an appeal is taken, is affirmed, without costs; the examination to proceed on five days’ notice. No opinion. Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ., concur.