Appellate Division of the Supreme Court of the State of New York February 25, 1972 (Belski v. New York Central Railroad)

Order unanimously reversed, with costs, and motion for further examination before trial denied. Memorandum: In vacating a previous order of another Justice, Special Term permitted plaintiff to conduct a second examination before trial of defendant’s employee although plaintiff had previously filed a statement of readiness and note of issue which stated that “ all depositions now known to be