Smith v. 501 Washington, Inc. , 275 A.D.2d 899 ( 1949 )

All concur, except McCurn, J., who dissents and votes for affirmance in the following, memorandum: The plaintiff is entitled to examine the defendant as to the identity of the elevator operator. (Morris v. E. A. Laboratories, Inc., 263 App. Div. 540.) (The order grants an examination of defendant before trial in a negligence action.) Present — Taylor, P. J., McCurn, Vaughan, Kimball and Piper, JJ.