Stern v. Inwood Town House, Inc.

Order, entered on February 5, 1964, granting plaintiff’s application for an examination before trial of the defendants, and suppressing the testimony of the deceased witness, affirmed, with $30 costs and disbursements to the respondents. The appeal from the order entered on March 9, 1964 denying plaintiff’s application for reargmnent is dismissed as being nonappealable. The transcript of the examination of the deceased witness establishes that the examination had not been completed. In fact, the attorney for the plaintiff expressly so stated when the examination was adjourned. To permit the…