SAMUELS v. HIRSCH


19 A.D.2d 890 (1963)

Harry S. Samuels, Appellant, v. Alexander P. Hirsch et al., Respondents

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

November 4, 1963


Order reversed, with $10 costs and disbursements; judgment vacated; defendants' cross motion to dismiss the complaint denied; and plaintiff's motion to continue his pretrial examination of the defendants granted.

The examination shall proceed on 10 days' written notice or at such time and place as the parties may mutually agree by written stipulation. In our opinion, under all the circumstances it was an improper exercise of discretion to grant the cross motion to...

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