¶1Plaintiffs are entitled to an examination with respect to the defendants’ affirmative defense of cancellation. (Schweinburg v. Altman, 131 App. Div. 795; Oshinsky v. Gumberg, 188 id. 23.) The order is, therefore, modified by striking therefrom the paragraph marked “(4),” and as modified affirmed, without costs. No opinion. Blackmar, P. J., Rich, Kelly, Jaycox and Young, JJ., concur.
202 A.D. 753
Lord v. Bernstein
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1922
Appellate Division of the Supreme Court of the State of New York · decided 1922-05-15
Decided 1922-05-15