Jeshion v. Holzer

Order, entered on December 15, 1960, granting the motion of defendant Holzer to examine plaintiffs and an impleaded defendant as adverse parties before trial, unanimously affirmed, with $10 costs and disbursements to the respondent. Although the order, which in effect gives defendant Holzer priority in examining plaintiffs before trial, was predicated in part upon the alleged failure of plaintiffs to serve a proper bill of particulars, we do not find any improvident exercise of discretion in granting such priority even though we are reversing the order directing the service of a further bill…