Opinion
November 17, 1938.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, First District.
Samuel D. Friedman, for the appellant.
Kirschen Saks, for the respondent.
The limitations prevailing in an examination before trial in a negligence suit do not apply to an action to recover damages for fraud.
Order reversed, with ten dollars costs, and motion granted. Examination set for November twenty-first at ten A.M. at the Municipal Court, Borough of Manhattan, First District.
All concur. Present — LYDON, FRANKENTHALER and SHIENTAG, JJ.