Brown v. Bedell

The questions to which objections were made appear to us to be included within the scope of the examination of the respective defendants ordered. However, the questions numbered 89 to 92, inclusive, are improper as to form. Such objection is properly taken upon the examination. (Civ. Prac. Act, § 305.) The other questions call for matters clearly relevant. Objections to these for incompetency and immateriality must be reserved for the trial, where the rights of the respective defendants may be preserved. (Guenther v. Ridgway Co., 159 App. Div. 74.)

The order appealed from should be modified by…