Majority
p. 835Jean W. Brown, Appellant, v. James D. Brown, Respondent, Impleaded with Another, Defendant.
Order reversed on the law and the facts, with ten dollars, costs and disbursements, and motion to vacate notice for examination denied. In so far as concerns what the Court of Appeals in Harding v. Harding ( 236 N. Y. 514 , affg. 203 App. Div. 721 ) regarded as “ relevant, material and proper,” we are unable to distinguish that case from the present one. Manning, Young and Kapper, JJ., concur; Kelly, P. J., and Jaycox, J., dissent.
Cases cited
- In re the Probate of the Will of Goers 236 N. Y. 514 p. 835