Majority
p. 1149UNITED BUILDING MATERIAL CO. v. SCHWARTZSCHILD & SULZBERGER CO. et al. (Supreme Court, Appellate Division, First Department. May 28, 1909.)
Headnote
Appeal from Special Term, New York County. Action by the United Building Material Company against the Schwartzschild & Sulzberger Company and others. From an order denying a motion to vacate an order for examination of a party before trial, defendants appeal.Reversed.
H. A. Levinson, for appellants.
F. N. Watriss, for respondent.
The order appealed from should be reversed, without costs, and the order for the examination of the defendants modified, by striking therefrom subdivisions 8 and 9, as to the matters upon which the defendants are required to be examined.