Donovan v. Maben

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In Oshinsky v. Gumberg (188 App. Div. 23) this court formulated an opinion which contained the rules that should guide the court in determining motions of this kind. Under the authority of that case the motion to vacate the order for examination of defendant should have been denied. Jenks, P. J., Mills, Blackmar, Kelly and Jaycox, JJ., concur.