Majority
p. 1129MARKEVICH, Appellant, v. ROYAL INS. CO., Limited, Respondent. (Supreme Court, Appellate Division, Second Department. May 29, 1914.)
Headnote
Action by Peter Markevich against the Royal Insurance Company, Limited.Under the decisions of Tebo v. Baker, 77 N. Y. 33 , and Goldenberg v. Zirinsky, 114 App. Div. 827 , 100 N. Y. Supp. 251 , no jurisdiction over plaintiff was acquired by the service of an order for his examination upon his attorneys. The order appealed from is therefore reversed, with $10 costs and disbursements, and without prejudice to further, proceedings which defendant may take to examine plaintiff before trial. See, also, 147 N. Y. Supp. 1004 ; 148 N. Y. Supp. 1129.
Cases cited
- Tebo v. Baker 77 N. Y. 33 p. 1129
- Goldenberg v. Zirinsky 114 App. Div. 827 p. 1129