Bahr v. Seager

Order reversed upon, the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Examinations before trial in this class of cases are rarely necessary and should be granted only when it is shown that the evidence sought to be adduced at the examination is material and necessary upon the trial. (Stogner v. Albright, 219 App. Div. 748; Wessel v. Schwarzler, No. 1,144 id. 587.) Lazansky, P. J., Rich, Young, Seeger and Scudder, JJ., concur.