Appellate Division of the Supreme Court of New York, 1929

Lemmer v. Metropolitan Life Insurance

Lemmer v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of New York · Decided January 15, 1929
225 A.D. 823
Lemmer v. Metropolitan Life Insurance

Opinion of the Court

Order reversed upon the law and the facts, with ten,dollars costs and disbursements, and motion granted, with ten dollars costs. An inspection of the items in respect to which the examination before trial is sought discloses that they all relate to matter as to which plaintiff has the burden of proof as a part of his affirmative case, and the learned Special Term, under the circumstances, erred in denying the motion to vacate the notice of examination before trial. (Oshinshy v. Gumberg, 188 App. Div. 23.) Lazansky, P. J., Rich, Young, Hagarty and Scudder, JJ., concur.

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