Citation Numbers: 201 A.D. 842
Filed Date: 3/15/1922
Status: Precedential
Modified Date: 10/27/2024
Order reversed, with ten dollars costs and disbursements, and motion to vacate order for examination granted, with ten dollars costs, on the grounds: (1) That the new issues created by defendant’s amended answer after the granting of the motion nullified the issues upon which the order for defendant’s examination was granted; and, (2) that the burden is upon defendant to establish a breach of the warranty and rescission of the contract. Present — Dowling, Laughlin, Page, Merrell and Greenbaum, JJ.