210 A.D. 467 | N.Y. App. Div. | 1924
Ordinarily this court would be disinclined to allow an appeal to the Court of Appeals from an order relating solely to a question
In this department the fact that the action is in tort is not regarded as a ground for limiting the examination in any way.
The growing burden of deciding practice motions of this character impels us to allow this appeal so that the practice may be definitely settled by the Court of Appeals, not only in negligence cases but in all cases.
The motion for leave to appeal to the Court of Appeals should be granted.
Kelly, P. J., Rich, Jaycox, Manning and Young, JJ., concur.
Motion for leave to appeal to the Court of Appeals granted, questions to be certified. Settle order on notice.