Opinion
June 18, 1943.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, KELEHER, J.
Lawrence I. Gerber for David Glass Sons Wholesale Grocers, Inc., appellant.
Milton H. Mandel for C.A. Miller and Company, Inc., appellant.
Irving G. Kennedy and Harold Greenwald for respondent.
MEMORANDUM
The examinations before trial of each defendant are binding only on the party examined. ( Nixon v. Beacon Transportation Corp., 239 A.D. 830.)
Judgment reversed and new trial ordered, with thirty dollars costs to appellants to abide the event.
SHIENTAG, McLAUGHLIN and HECHT, JJ., concur.