Appellate Division of the Supreme Court of New York, 1914

Canet v. Smith

Canet v. Smith
Appellate Division of the Supreme Court of New York · Decided October 30, 1914
149 N.Y.S. 1074 (New York Supplement)
Canet v. Smith

Opinion of the Court

PER CURIAM.

We think the plaintiff was entitled to examine the defendant before trial, and that the order vacating the order for such examination should be vacated. The order for examination, however, was improper, in requiring the production of the books and papers, The order appealed' from is 'therefore reversed, with $10 costs and disbursements, and the order for examination modified, by striking out the provision requiring the production of the books and papers by the defendant.

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