Tolnai v. Craven

The date for the examination to proceed shall be fixed in the order. Present — Peck, P. J., Cohn, Callahan, Van Voorhis and Bergan, JJ.; Cohn, J., dissents and votes to reverse and deny in the following memorandum: Plaintiff is not entitled to an examination before trial of Gertrude S. Freitag, as executrix, as a party because all items upon which the examination is sought involve transactions which occurred prior to her appointment as executrix (Pardee v. Mutual Benefit Life Ins. Co., 238 App. Div. 294, 297). In my view it would be improper to examine the executrix in her representative…