Appellate Division of the Supreme Court of New York, 1931

Rothschild v. Ignition Electric Service Corp.

Rothschild v. Ignition Electric Service Corp.
Appellate Division of the Supreme Court of New York · Decided January 15, 1931
232 A.D. 692
Rothschild v. Ignition Electric Service Corp.

Opinion of the Court

Order requiring plaintiffs’ examination before trial modified by striking out the portion thereof requiring plaintiffs’ attendance at the county court house in White Plains and substituting in place thereof a requirement that plaintiffs’ depositions shall be taken by written interrogatories under a commission, and as so modified affirmed, with ten dollars costs and disbursements. In our opinion, there is no necessity for requiring the plaintiffs’ attendance at White Plains for the examination. The purpose of the examination can be as well obtained by a commission. Lazansky, P. J., Young, Hagarty, *693Carswell and Tompkins, JJ., concur. Settle order on notice as to the terms of the commission.

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