In re the Estate of Cohen

Delehanty, S.

In this discovery proceeding only one substantial question of law is presented. This concerns the effect upon the operation of section 347 of the Civil Practice Act of a waiver of such section made by an estate representative on a former trial. In the first trial of this proceeding the attorney for the estate representative announced that at the time of the trial he had not been able to procure other evidence in support of his proceeding *305and so was constrained to call the respondent. The respondent was examined at large on that trial as a witness for the estate. Such examination…