LEMLICH v. LEMLICH

Order denying defendant's motion to vacate, limit or modify plaintiff's notice to take her own deposition before trial affirmed, with ten dollars costs and disbursements, the examination to proceed on five days' notice. The possibility that on the trial of the action plaintiff may be incompetent to testify to personal transactions with the deceased, by virtue of section 347 of the Civil Practice Act, does not affect her right to an examination before trial concerning such transactions, pursuant to section 288 of the Civil Practice Act. ( Wilcox v. Dodge, 53 Hun, 565.) Close, P.J., Hagarty, Johnston, Taylor and Lewis, JJ., concur.