Appellate Division of the Supreme Court of New York, 1968

Albright v. Town of Manlius

Albright v. Town of Manlius
Appellate Division of the Supreme Court of New York · Decided October 24, 1968
30 A.D.2d 1037; 294 N.Y.S.2d 869; 1968 N.Y. App. Div. LEXIS 3095
Albright v. Town of Manlius

Opinion of the Court

Order unanimously affirmed, without costs. Memorandum: In affirming, we recognize that the admissibility of the proof which has been objected to will be for the ultimate determination of the Trial Judge. It may well be, upon proper application, that in order to make for an orderly trial the Trial Judge will determine to pass upon the objections to testimony taken in the examination before trial before the commencement of the actual trial of the issues. (Appeal from order of Onondaga Special Term, amending order in declaratory judgment action.) Present— Goldman, J. F., Del Vecchio, Marsh, Witmer and Henry, JJ.

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