Opinion
January 19, 1953.
In an action to establish that plaintiffs and other property owners in Atlantic Beach, Nassau County, have an easement over and the right to free and unobstructed use of a boardwalk and specified portions of designated streets therein, certain defendants appeal from orders denying their motions for separate trials. Plaintiffs appeal from an order denying their motion to examine a witness before trial. Orders denying motions for separate trials affirmed, with one bill of $10 costs and disbursements. No opinion. Order denying plaintiffs' motion for an examination before trial reversed on the law and the facts, without costs, and motion granted, with $10 costs; the examination to proceed on ten days' notice. In our opinion the examination should have been allowed. (Cf. Dorros, Inc., v. Dorros Bros., 274 App. Div. 11; Fahey v. South Nassau Communities Hosp., 275 App. Div. 1056.) Nolan, P.J., Carswell, Wenzel and MacCrate, JJ., concur; Adel, J., not voting.