Opinion
June, 1936.
Present — Martin, P.J., McAvoy, Townley, Untermyer and Cohn, JJ.
Order granting motion of defendant-respondent for the issuance of a commission to take testimony of certain parties in London, England, unanimously reversed, with twenty dollars costs and disbursements, and motion denied. There is no authority, statutory or otherwise, for the examination of a party or witness on a preliminary motion separate and apart from a trial. ( Matter of Erlanger, 231 App. Div. 70, 72.)