Eisenberg v. Eisenberg

In an action to recover moneys allegedly entrusted by plaintiffs to the defendant for purpose of investment, the defendant appeals from so much of an order of the Supreme Court, Queens County, dated January 24, 1962 as: (1) denied his motion to strike the action from the calendar, and (2) conditionally granted his motion to dismiss the complaint, the condition being that plaintiffs shall submit to examination before trial on February 19, 1962. Order modified as follows: (a) by striking out the first ordering paragraph denying the defendant’s motion to strike the action from the calendar, and…