General
R. F. Conway Company, Respondent, v. Eugene Cumisky, Appellant
173 A.D. 928·New York Supreme Court, Appellate Division·1916·NY
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Opinion
R. F. Conway Company, Respondent, v. Eugene Cumisky, Appellant.
Appeal from an order of the Supreme Court, entered on the 1st day of March, 1916, denying a motion to vacate an order for examination of defendant before trial.
[MAJORITY — Per Curiam:]
Per Curiam:
The examination required is not for the purpose of obtaining testimony to support the plaintiff’s case, but to examine into the defendant’s affirmative counterclaim. The order should, therefore, be reversed, with ten dollars costs and disbursements, and the motion to vacate order for examination granted, with ten dollars costs. Present — Clarke, P. J., Laughlin, Dowling, Page and Davis, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.