Glazer v. Equitable Life Assurance Society of the United States

Order reversed, with ten dollars costs and disbursements, and motion denied, without costs. Memorandum: There is no showing of special circumstances as provided in section 288 of the Civil Practice Act. All concur, except Dowling, J., who dissents and votes for affirmance on the authority of Ettinger v. Commercial Travelers Mut. Accident Assn. of America ( 266 App. Div. 876 ). (The order directs an examination before trial.) Present — Cunningham, P. J., Taylor, Dowling, Harris and McCurn, JJ.