Opinion
December 20, 1961
In a negligence action commenced pursuant to section 52 Veh. Traf. of the Vehicle and Traffic Law (now § 253), to recover damages for personal injuries to plaintiff Audrey Rothman, and for loss of her services by her husband, the plaintiff Jerome Rothman, the appeal is by two of the defendants, Herald Woodward Press, Inc., and Morris Markowitz, from an order of the Supreme Court, Queens County, dated March 7, 1961, which granted plaintiffs' motion to the extent of: (1) vacating said defendants' notice to examine the plaintiffs before trial; (2) directing that the examinations before trial of all parties be held at the office of the Clerk of the Special Term of said court at the mutual convenience of the parties, but in no event later than 30 days prior to the trial of the action; (3) directing that the examination of the said defendants by the plaintiffs should proceed first and that the examination of the plaintiffs by said defendants should proceed immediately thereafter; and (4) permitting plaintiffs to file a readiness statement and a note of issue for trial with a reservation of "the rights of all parties to such examinations before trial". The corporate defendant is a Canadian corporation with offices in Montreal; and the defendant Markowitz is a resident of Montreal. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.