Opinion
October 16, 1950.
Action to recover damages for personal injuries sustained as the result of alleged negligence and breach of warranty in connection with the manufacture and sale of a home appliance or "ironer". Order denying appellants' motions to examine the plaintiff before trial, pursuant to section 288 of the Civil Practice Act, insofar as appealed from, affirmed, with $10 costs and disbursements. ( Cuttone v. Fitzpatrick, 275 App. Div. 842; Cohen v. Crawford Clothes, Inc., 276 App. Div. 1083.) Nolan, P.J., Carswell, Sneed, Wenzel and MacCrate, JJ., concur. [ 197 Misc. 525.]