Majority
p. 920Peter Markevich, Appellant, v. Royal Insurance Company, Limited, Respondent. (Appeal No. 2.)
Under the decisions of Tebo v. Baker ( 77 N. Y. 33 ) and Goldenberg v. Zirinsky ( 114 App. Div. 827 ), 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 ten dollars costs and disbursements, and without prejudice to further proceedings which defendant may take to examine plaintiff before trial. Jenks, P. J., Burr, Carr, Stapleton and Putnam, JJ., concurred.
Cases cited
- Tebo v. Baker 77 N. Y. 33 p. 920
- Goldenberg v. Zirinsky 114 App. Div. 827 p. 920