Brenan v. Moore-McCormack Lines, Inc.

Order, so far as appealed from, unanimously affirmed, with $20 costs and disbursements to the respondent. As a general rule the examination of a defendant in a tort action for personal injuries or death should proceed after the conclusion of defendant’s examination of plaintiff. (Cf. Fahrney v. Eller, 278 App. Div. 635.) The date for the examination to proceed shall be fixed in the order. Settle order on notice. Present — Callahan, J. P., Breitel, Bastow, Botein and Bergan, JJ.