WIENER v. REGENT BRAND CLOTHES

Per Curiam.

Examinations before trial in summary proceedings are contrary to the spirit and intent of the Legislature in providing the summary remedy ( Dubowsky v. Goldsmith, 202 A.D. 818).

The court had no jurisdiction to stay the summary proceedings before final order (Civ. Prac. Act, § 1446).

The order should be reversed, with $10 costs, motion denied and stay vacated.

SCHREIBER and HECHT, JJ., concur in Per Curiam memorandum; HOFSTADTER, J., concurs in result solely on ground that in the particular circumstances of this case it was an abuse of discretion to grant order for examination; I do not regard the Dubowsky case as persuasive, nor, of course, is it controlling — and in this view, in a proper case, the court would have jurisdiction to order an examination and, pending its completion, order a stay.

Order reversed, etc.