Midler v. Eisenberg , 9 N.Y.S.2d 573 ( 1938 )

The appeal is from an order granting plaintiff’s motions to strike out the first and second defenses contained in the answers of the appealing defendants and to direct an examination before trial, and denying the cross-motion of the appealing defendants for an order directing a reply to their answers. Order affirmed, with ten dollars costs and disbursements; the examination to proceed on five days’ notice. No opinion. Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ., concur.