Appellate Division of the Supreme Court of New York, 1936

Newman v. Fischer

Newman v. Fischer
Appellate Division of the Supreme Court of New York · Decided November 16, 1936
249 A.D. 637; 291 N.Y.S. 80; 1936 N.Y. App. Div. LEXIS 5335
Newman v. Fischer

Opinion of the Court

In an action in malpractice to recover damages against respondent, a dentist, for alleged negligence in treatment of appellant, order vacating appellant’s notice of examination before trial affirmed, with ten dollars costs and disbursements. The appellant, on the motion to vacate, failed to show that the testimony was either material or necessary to prove the allegations of negligence contained in the complaint, and, further, the proposed examination calls for testimony to which, in our opinion, it is questionable whether the plaintiff is entitled. Young, Hagarty, Johnston, Adel and Taylor, JJ., concur.

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