Lacerenza v. Rich

In a negligence action, plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County, dated November 24, 1970, as directed plaintiff Salvatore Laeerenza to answer questions, upon certain subjects, at an examination before trial. Appeal dismissed, with $10 costs and disbursements. The order is not appealable (Matthews v. Sehusheim, 25 A D 2d 450; Brimberg v. Frielich, 10 A D 2d 850; Hall v. Wood, 5 A D 2d 998). We have, however, examined the merits and have concluded that we would affirm the order insofar as appealed from if the appeal were…