Jensen v. Shady Pines, Inc.

Appeal by defendant Gross from an order of the

Supreme Court, Suffolk County, dated August 16, 1968, which denied his motion for a pretrial examination of plaintiffs. Order reversed, on the law and the facts, with $10 costs and disbursements, and motion granted. The examination shall proceed at a time and place to be specified in a written notice of not less than 10 days, to be served by appellant. The notice of appeal is hereby amended to show that the appeal is from said order, instead of from the decision on which it was based (CPLR 5520, subd. [e]). In our opinion, Special Term erred in…