Weihe v. Long Island Railroad (271 A.D.2d 790, 1946)

Action to recover damages for wrongful death. Order denying plaintiff’s motion to examine the defendant before trial reversed on the law and the facts, with $10 costs and disbursements, and the motion granted; the examination to proceed on five days’ notice at Special Term, Part 2, Kings County. The denial of plaintiff’s application was improvident under settled authority. {Buehler v. Bush, 200 App. Div. 206; Storm v. Gait, 212 App. Div. 829; Middleton v. Boardman, 240 N. Y. 552; Weiner v. Hass, Ine., 158 Mise. 181.) Lewis, P. J., Carswell, Johnston, Adel and Aldrich, JJ., concur.