Belski v. New York Central Railroad

Order unanimously reversed, with costs, and motion for further examination before trial denied. Memorandum: In vacating a previous order of another Justice, Special Term permitted plaintiff to conduct a second examination before trial of defendant’s employee although plaintiff had previously filed a statement of readiness and note of issue which stated that “ all depositions now known to be necessary [are] completed”. Upon the undisputed facts such was an improvident exercise of Special Term’s discretion. j[ The plaintiff alleged in his complaint that on September 6, 1966 he was injured when…