Leitch v. Schneider

Order as resettled denying plaintiff’s motion for the examination of defendant before trial reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, to abide the event; the examination to proceed on five days’ notice. In our opinion, the plaintiff is entitled to examine defendant in support of the allegations of the complaint which are denied by the answer. Lazansky, P. J., Hagarty, Carswell, Seudder and Tompkins, JJ., concur.