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Ellen J. Soden v. Frank McElroy
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.