Case v. Walter — 161 A.D. 916

Majority

p. 916

Frank M. Case, Jr., Respondent, v. Eugene Walter, Appellant, Impleaded with Walter Hackett.

Headnote

Appeal from an order of the Supreme Court, entered in the Hew York county clerk’s office on the 14th day of January, 1914, denying a motion for examination before trial.

Order modified by striking out from the order the clause which allows an examination in relation to the counterclaim referred to in the 10th and 11th paragraphs of the amended answer, and as so modified affirmed, without costs. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ, Order modified as directed in opinion and as so modified affirmed, without costs. Order to be settled on notice.