O'Boyle v. Home Insurance , 226 A.D. 767 ( 1929 )

Order directing examination of plaintiff before trial reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The matters concerning which defendant seeks to examine plaintiff are clearly part of plaintiff’s affirmative case and defendant may not cross-examine him as to them in advance of the trial. Lazansky, P. J., Young and Hagarty, JJ., concur; Seeger and Carswell, JJ., dissent.