246 A.D. 776 | N.Y. App. Div. | 1935
Plaintiffs appeal from an order denying a motion for an examination of one Dr. John Horni as a witness before trial. The action is for damages for malpractice. It is not denied that Dr. Homi treated the plaintiff wife before and after the alleged malpractice by defendant, or that when she and her lawyer questioned him he