Benjamin v. Estate Administration, Inc. , 292 N.Y.S. 952 ( 1936 )

Order, so far as appealed from, unanimously reversed, with twenty dollars costs and disbursements and the motion denied. Defendants’ application for an examination amounts in substance to a request for a cross-examination of the plaintiff before trial. This right may be protected by providing for an open commission if the plaintiff is not to appear at the trial. Present — Martin, P. J., O’Malley, Townley, Glennon and Cohn, JJ.