Markevich v. Royal Insurance

148 N.Y.S. 1129

Opinion

PER CURIAM.

Under the decisions of Tebo v. Baker, 77 N. Y. 33, and Goldenberg v. Zirinsky, 114 App. Div. 827, 100 N. Y. Supp. 251, no jurisdiction over plaintiff was acquired by the service of an order for his examination upon his attorneys. The order appealed from is therefore reversed, with $10 costs and disbursements, and without prejudice to further, proceedings which defendant may take to examine plaintiff before trial. See, also, 147 N. Y. Supp. 1004; 148 N. Y. Supp. 1129.