Keilly v. Schamarock

Full title: JOHN E. KEILLY, Appellant, v. SAMUEL D. SCHAMAROCK, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 31, 1943

266 App. Div. 692 (N.Y. App. Div. 1943)

Opinion

March 31, 1943.

Appeal from order denying plaintiff's motion to examine defendant before trial. Order reversed on the law and the facts, without costs, and the motion granted, without costs, the examination to proceed in Special Term, Part I, Supreme Court, Nassau County, on Tuesday, April 6, 1943, at ten A.M. The denial of the motion was an improvident exercise of discretion under Schwartz v. Taylor Co. ( 225 App. Div. 899). Close, P.J., Carswell, Johnston, Adel and Lewis, JJ., concur.