¶1Order denying defendant’s motion to vacate notice of examination before trial reversed upon the law, without costs, amd motion granted, without costs, upon the authority of Safrin v. Safrin (205 App. Div. 628); Horsch v. Horsch (206 id. 710) and Hutaff v. Hutaff (208 id. 745). Linnekin v. Linnekin (96 Misc. 56) is contrary to the weight of authority and should not be followed. Lazansky, P. J., Rich, Young, Hagarty and Carswell, JJ., concur.
230 A.D. 708
Fried v. Fried
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 1930
Appellate Division of the Supreme Court of the State of New York · decided 1930-06-15
Relies on Linnekin v. Linnekin
Decided 1930-06-15