Appellate Division of the Supreme Court of New York, 1938

Tout v. Logan

Tout v. Logan
Appellate Division of the Supreme Court of New York · Decided May 25, 1938
254 A.D. 820; 5 N.Y.S.2d 540; 1938 N.Y. App. Div. LEXIS 7768
Tout v. Logan

Opinion of the Court

Order so far as appealed from reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Memorandum: We think the complaint states a cause of action against the defendants and that the motion to vacate the notice of examination should have been denied. (Campbell v. Holding Company, Inc., 251 N. Y. 446; Eckler v. Rochester Packing Company, 264 id. 605.) All concur, except Taylor, J„ who dissents and votes for affirmance. (The portion of the order appealed from grants a motion to vacate plaintiff’s notice of examination of an officer of defendant bank before trial.) Present — 'Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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