General
Leopold Weill, as Executor, etc., of Bernard Schwartz, Deceased, Appellant, v. Third Avenue Railway Company, Respondent
252 A.D. 840·New York Supreme Court, Appellate Division·1937·NY
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Opinion
Leopold Weill, as Executor, etc., of Bernard Schwartz, Deceased, Appellant, v. Third Avenue Railway Company, Respondent.
[MAJORITY]
Order, so far as appealed from, unanimously modified by allowing items 4, 5, 6 and 7 of the notice of motion, and by providing that the order is without prejudice to a new motion upon a clear showing that no witness to the accident will be available at the trial. No opinion. The date for the examination to proceed to be fixed in the order. Settle order on notice. Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.