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SCHNEIDER v. MIECZNIKOWSKI

16 A.D.2d 177 (1962)

Elton D. Schneider, Respondent, v. Richard C. Miecznikowski, Appellant

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

April 11, 1962.

Attorney(s) appearing for the Case

Jaeckle, Fleischmann, Kelly, Swart & Augspurger (Harry J. Kelly of counsel), for appellant.

Miles, Cochrane & Grosse (Raymond T. Miles of counsel), for respondent.

WILLIAMS, P. J., BASTOW, GOLDMAN, HALPERN and McCLUSKY, JJ., concur.

Per Curiam.

This case again illustrates the fact that rule 113 of the Rules of Civil Practice may not properly be invoked in automobile accident cases, except in rare instances. It is clear from the record that, if the facts now presented in affidavit form and in the form of an examination before trial of the parties, were presented to a court and jury in regular course upon a trial, the court would not be justified...

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