119 N.Y.S. 487 | N.Y. App. Div. | 1909
We do not think the order is open to the objections urged by the appellant, and under the rule recognized and approved in Dietz v. Leber (33 App. Div. 563) the matters directed to be disclosed by
The order appealed from should be modified by striking therefrom paragraph 3, relative to the giving of evidence without prejudice to a further application if so advised, and as modified it should be affirmed, without costs.
Hirsohberg, P. J., Woodward, Burr, Rich and Hiller, JJ., concurred.
Order modified in accordance with opinion, without prejudice to a further application if so advised, and as so modified affirmed, without costs.