Woodworth v. Sasseen , 226 A.D. 698 ( 1929 )

Order denying motion to vacate notice of examination before trial affirmed, with -ten dollars costs and disbursements. Examination to proceed on five days’ notice. No opinion. Rich, Kapper and Seeger, JJ., concur; Lazansky, P. J., and Young, J., dissent upon the ground that issue has not been joined as to the counterclaim and that the notice of examination was premature.