Brenan v. Moore-McCormack Lines, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
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.
2Cases cited1 opinion
- Fahrney v. EllerAppellate Division of the Supreme Court of the State of New York · 1951