Cardot v. Ball

Order reversed, with ten dollars costs and disbursements to abide the event, and motion denied, without costs. Memorandum: While we think that the provisions of section 324 of the Civil Practice Act are broad enough to authorize the Special Term to compel submission, under proper safeguards, to chemical tests of property and materials in the possession or under the control of a party to the action (Reiss v. Kirkman & Son, Inc., 242 App. Div. 77; Lumb v. Beaumont, 27 Eng. Law Rep. 356 [Ch. Div.]), we conclude that, upon the record at hand, the court erred in making the order appealed from. In…