Appellate Division of the Supreme Court of New York, 1938

South Shore Thrift Corp. v. National Bank of Far Rockaway

South Shore Thrift Corp. v. National Bank of Far Rockaway
Appellate Division of the Supreme Court of New York · Decided November 4, 1938
255 A.D. 859; 7 N.Y.S.2d 393; 1938 N.Y. App. Div. LEXIS 5671
South Shore Thrift Corp. v. National Bank of Far Rockaway

Opinion of the Court

— Order granting plaintiff’s motion for examination of a witness before trial reversed on the law and the facts, without costs, and motion denied, with leave to renew on a showing that an examination should be had in respect to testimony that will be material and necessary to the issues. The testimony sought of the witness is hearsay and, therefore, not material and necessary on the trial of the action. Motion to dismiss appeal dismissed, without costs. Lazansky, P. J., Hagarty, Carswell, Davis and Adel, JJ., concur.

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