Barkin v. Brynes

224 A.D. 842 Court N.Y. App. Div. Docket Appeal No. 2 English

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p. 842

Benjamin Barkin, Respondent, v. Saul Brynes, Trading as S. Brynes & Company, Appellant.

(Appeal No. 2.)

Order granting plaintiff’s motion for defendant’s examination before trial affirmed, with ten dollars costs and disbursements. While the notice of motion is improper in the use of the words “ whether or not,” it does not call for reversal on tMs ground. Lazansky, P. J., Young, Hagarty, Carswell and Seudder, JJ., concur.