Soden v. McElroy

Full title: ELLEN J. SODEN, Respondent, v. FRANK McELROY, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 1, 1925

214 App. Div. 731 (N.Y. App. Div. 1925)

Opinion

May, 1925.

Upon reargument, order affirmed. No opinion. Manning, Kelby and Young, JJ., concur; Kelly, P.J., dissents, being of opinion that in this action for breach of promise, in the exercise of discretion the justice at Special Term should have granted defendant's motion to set aside the order for his examination before trial, on authority of Goldberg v. Goldberg ( 184 App. Div. 949) and Wessel v. Schwarzler, No. 1 (144 id. 587), with whom Kapper, J., concurs.