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SCHNEIDER v. DOYLE

6 A.D.2d 122 (1958)

Theresa Schneider, Plaintiff, v. Lester T. Doyle, as Trustee of Surface Transportation Corporation of New York, Respondent; Hortense M. Castonguay, as Administratrix of The Estate of Eugene P. Castonguay, Appellant, et al., Defendant

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

July 1, 1958.

Attorney(s) appearing for the Case

James M. Gilleran of counsel (John J. O'Connor, attorney), for appellant.

Addison B. Scoville of counsel (Ludwig S. Mlott with him on the brief; Stuart Riedel, attorney), for respondent.

BREITEL, J. P., M. M. FRANK, VALENTE, STEVENS and BERGAN, JJ., concur.

Per Curiam.

The issue presented on this appeal is whether codefendants in a personal injury tort action, in which no cross complaints have been served, may examine each other before trial, where no special circumstances are asserted. (Civ. Prac. Act, § 288; Rules Civ. Prac., rule 121-a.) The defendant administrator appeals from a Special Term order, which vacated a notice of examination served on the codefendant trustee. The plaintiff is seeking recovery...

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