Appellate Division of the Supreme Court of New York, 1953

Korzenik v. Butler, Binion, Rice & Cook

Korzenik v. Butler, Binion, Rice & Cook
Appellate Division of the Supreme Court of New York · Decided November 24, 1953
282 A.D. 941; 126 N.Y.S.2d 195; 1953 N.Y. App. Div. LEXIS 5519
Korzenik v. Butler, Binion, Rice & Cook

Opinion of the Court

Order unanimously reversed, with $20 costs and disbursements to the appellants, and the motion denied, without prejudice to an appli*942cation by plaintiff to take deposition by written interrogatories or by open commission at plaintiff’s initial expense. It is doubtful whether an examination before trial is necessary and, if necessary, it does not appear that the information sought cannot be obtained adequately by the procedure indicated. Present — Peck, P. J., Dore, Cohn, Callahan and Botein, JJ. [See 283 App. Div. 708.]

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