Appellate Division of the Supreme Court of New York, 1928

Schell v. Rall

Schell v. Rall
Appellate Division of the Supreme Court of New York · Decided March 15, 1928
223 A.D. 793
Schell v. Rall

Opinion of the Court

Order modifying notice of examination before trial reversed upon the law, with ten dollars costs and disbursements, and motion to vacate notice of examination before trial granted, with ten dollars costs. Upon the facts here presented, we are of opinion that the examination before trial should not have been granted. (Wessel v. Schwarzler, No. 1, 144 App. Div. 587; Wessel v. Schwarzler, No. 2, Id. 589; Gullette v. Field, 96 Misc. 81; affd., 175 App. Div. 927; Goldberg v. Goldberg, 184 id. 949.) Lazansky, P. J., Rich, Kapper, Hagarty and Carswell, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.