Jacobs v. Bank of Coney Island

Order granting plaintiff’s motion to vacate notice for his examination before trial reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. We think the examination should be allowed because of the special and peculiar circumstances shown. Jaycox, Young and Kapper, JJ., concur; Kelly, P. J., and Manning, J., dissent, and vote to affirm on the opinion of Carswell, J., at Special Term.