General
Fields Haberdasher, Inc., Respondent, v. Jean Ruck, as Administratrix of the Estate of Leon M. Ruck, Deceased, Appellant; Fields Twenty-Two Fifty, Inc., Respondent, v. Jean Ruck, as Administratrix of the Estate of Leon M. Ruck, Deceased, Appellant; Reuben Ruck, Respondent, v. Jean Ruck, as Administratrix of the Estate of Leon M. Ruck, Deceased, Appellant
7 A.D.2d 716·New York Supreme Court, Appellate Division·1958·NY
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Opinion
Fields Haberdasher, Inc., Respondent, v. Jean Ruck, as Administratrix of the Estate of Leon M. Ruck, Deceased, Appellant. Fields Twenty-Two Fifty, Inc., Respondent, v. Jean Ruck, as Administratrix of the Estate of Leon M. Ruck, Deceased, Appellant. Reuben Ruck, Respondent, v. Jean Ruck, as Administratrix of the Estate of Leon M. Ruck, Deceased, Appellant.
[MAJORITY]
Orders vacating notices for examination before trial unanimously affirmed, without costs, but without prejudice to an application by defendant to the trial court when the cases are actually reached for trial for such examinations during the course of the trial as justice may require pursuant to the provisions of section 293 of the Civil Practice Act. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and Bastow, JJ.