Podalsky v. Ireland — 110 A.D. 866

Majority

p. 866

Jacob Podalsky and Hyman Fabricant, Respondents, v. John B. Ireland, Appellant.

Headnote

• jExamination lefore trial—oi'der therefor modified: ■

Appeal from order denying defendant’s motion to vacate order for examination of defendant before trial.

The order should be modified by limiting the examination of the defendant to the question of signing of the lease and the agency of his agent in fact, purporting to be the agent who signed the lease, and as so modified affirmed, without costs. Present — O’Brien, P. J., Ingraham, McLaughlin, Clarke and Houghton, JJ. Order modified as stated in opinion and as modified affirmed, without costs. ■ '