Legal Opinion

Soden v. McElroy

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1925Published

1Opinion of the Court

Upon reargument, order affirmed. No opinion. Manning, Kelby and Young, JJ., concur; Kelly, P. J., dissents, being of opinion that in this action for breach of promise, in the exercise of discretion the justice at Special Term should have granted defendant’s motion to set aside the order for his examination before trial, on authority of Goldberg v. Goldberg (184 App. Div. 949) and Wessel v. Schwarzler, No. 1 (144 id. 587), with whom Kapper, J., concurs.

2Cases cited1 opinion

  1. Goldberg v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1918