¶1On the facts in this case we think that the discretion of the court should have been exercised so as to permit the defendant to examine first. Orders, so far as appealed from, unanimously modified to that extent and, as so modified, affirmed, with $20 costs and disbursements to the appellant. Settle orders on notice. Present— Peck, P. J., Dore, Cohn, Callahan and Van Voorhis, JJ.
277 A.D.2d 982
Gray v. Cummings
Appellate Division of the Supreme Court of the State of New York
Decided October 31, 1950
Appellate Division of the Supreme Court of the State of New York · decided 1950-10-31
Decided 1950-10-31