Appellate Division of the Supreme Court of New York, 1914

Case v. Walter

Case v. Walter
Appellate Division of the Supreme Court of New York · Decided May 8, 1914 · Cttriam
147 N.Y.S. 1102 (New York Supplement)
Case v. Walter

Opinion of the Court

PER CtTRIAM.

We think that the plainti~ was entitled to a commission upon written interrogatories to obtain the testimony of the witness in London, and to a stay of the trial for such a time as will enable him to have the commission executed. If the commission is not returned within a reasonable time, the pl~intr~ may then apply at Special Term to vacate the stay. The order is therefore reversed, with $10 costs and disbursements, and the motion granted to the extent above stated.

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