Strot v. Stork

The frequent recurrence before this court of the single question involved in this appeal shows a continued dissatisfaction with the existing law, and it seems strange that this desire for a change has not been brought home to the Legislature. *907It has been held in more than one case that the City Court of Buffalo has no jurisdiction to order an examination of a party before trial. (Windheim v. Lafayette Hotel Co., 117 Misc. 113.)

Appellant here contends that these former cases have been overruled by Continental Purchasing Co., Inc., v. Woodworth (239 App. Div. 638). In that case it was held that…