Civil Procedure · MBE-tested
Alfred Kubera, Respondent, v. Colorado Fuel and Iron Corporation, Respondent, and Eichleay Corporation, Appellant
8 A.D.2d 767·New York Supreme Court, Appellate Division·1959·NY
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Opinion
Alfred Kubera, Respondent, v. Colorado Fuel and Iron Corporation, Respondent, and Eichleay Corporation, Appellant.
[MAJORITY]
Order affirmed, without costs of this appeal to any party, without prejudice to the right of appellant Eichleay Corporation to renew the application to examine plaintiff before trial upon a proper showing in the light of all the facts in this record. All concur. (Appeal from an order of Erie Special Term granting a motion by plaintiff to vacate a notice of examination of plaintiff by defendant Eichleay Corporation.) Present — MeCurn, P. J., Williams, Bastow, Goldman and Halpern, JJ.