Appellate Division of the Supreme Court of New York, 1911

Borough Bank v. Cresco Realty Co.

Appellate Division of the Supreme Court of New York · Decided June 15, 1911 · Allen, Assn, Burr, Carr, Hirsehberg, Jenks, That, Thomas, Trial, Upon, Would

145 A.D. 935

Opinion of the Court

No sufficient reason appears why the officers of the plaintiff should not. be examined before trial. Order reversed, with ten dollars costs and disbursements, and order for examination reinstated.

Jenks, P. J., Hirsehberg, Thomas and Carr, JJ., concurred; Burr, J., dissented solely upon the ground that the testimony sought would be inadmissible upon the trial. (Jamestown Business College Assn. v. Allen, 172 N. Y. 291.)

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