Lieberbaum v. Resnick

Appellate Division of the Supreme Court of the State of New York

Decided June 2, 1922

Appellate Division of the Supreme Court of the State of New York · decided 1922-06-02

Appeal by the defendant, Max Resnick, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of February, 1922, granting plaintiff’s application for the examination of the defendant before trial in a negligence case, pursuant to section 292 of the Civil Practice Act.

Decided 1922-06-02

Clarke, P. J.:

¶1This is an action brought to recover damages alleged to have been caused by the negligence of the defendant, who was driving an automobile owned by him when it collided with and ran over the plaintiff. The answer admits the ownership and control of the automobile at the time of the accident. The order provides for a general examination before trial of the defendant.

¶2For the reasons stated in the opinion in Shaw v. Samley Realty Co., Inc. (201 App. Div. 433), handed down herewith, the order appealed from should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs.

¶3Latjghlin, Dowling, Smith and Greenbatjm, JJ., concur.

¶4Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.