FAHRNEY v. ELLER


278 A.D. 635 (1951)

Mary Fahrney, Appellant, v. Joseph J. Eller, Respondent. (4161, 4162.)

Appellate Division of the Supreme Court of the State of New York, First Department.

February 13, 1951.


(4161.) Order, so far as appealed from, affirmed.

SHIENTAG, J. (dissenting).

I dissent. If the plaintiff is to be examined before trial, at this time, no reason has been shown why such an examination should not be had after the conclusion of the defendant's examination before trial.

In the absence of special circumstances, the plaintiff should have the right to examine first. The fact that defendant moved for an examination before trial...

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