Opinion
May 19, 1933.
Appeal from Supreme Court of New York County.
James G. Purdy of counsel [ Kennedy Chamberlin, attorneys], for the appellant.
Samuel Seligsohn of counsel [ Harry B. Solow, attorney], for the respondent.
Present — FINCH, P.J., MERRELL, McAVOY, MARTIN and TOWNLEY, JJ.
Operation and control of the automobile having been admitted by failure to deny in the answer it was unnecessary to permit an examination before trial on those subjects. The order so far as it permitted an examination with reference to other matters was erroneous and should be reversed.
The entire order, being erroneous, should, therefore, be reversed, with twenty dollars costs and disbursements to the appellant, and the motion to vacate the notice of examination granted.
Order reversed, with twenty dollars costs and disbursements, and motion granted.