Sandy v. Wicks

256 A.D. 1007 | N.Y. App. Div. | 1939

Order granting defendant’s motion to vacate plaintiffs’ notice of examination before trial reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs; examination to proceed upon five days’ notice. The complaint sufficiently alleged a cause of action. Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ., concur.