George A Treadwell, Respondent, v. William C. Greene, Appellant

George A Treadwell, Respondeat, v. William C. Greene, Appellant. Oommission to take testimony—when proposed cross-interrogatories will he rejected - on the settlement. « The court will ordinarily reserve all the questions arising upon a settlement of interrogatories and cross-interrogatories to be inserted in a commission to take testimony until the trial, but where, the right to cross-examine is grossly abused, the court will, upon the settlement, disallow the obnoxious crossinterrogatorie's. ' Appeal by the defendant, William 0. Greene, from an order of the Supreme Court, made at the 'New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of October, 1903, denying the defendant’s motion to disallow and reject certain cross-interrogatories proposed by the plaintiff to be. administered to a witness on examination upon a commission. M. E. Harby, for the appellant. Charles M. Demond, for the respondent. [MAJORITY — Per Curiam :] Per Curiam : While ordinarily the court will reserve all questions upon the settlement of interrogatories and cross-interrogatories until the trial, yet in this case the right to cross-examine is so 'grossly abused that the court is compelled in justice to restrict the examination to that which "is properly cross-examination:; and for that reason the following cross-interrogatories are. disallowed. In the 3d cross-interrogatory the words “the particulars in connection with each in chronological order; ” the 6th, 8th, 9th, 11th, 12th, 14th, 15th, 19th, 23d and 27th cross-interrogatories; in the 37th cross-interrogatory the words, “and in what manner did you use or distribute such payment and to whom did you pay it or any portion thereof.” From the 39th to the 87th cross-interrogatories, both inclusive; in the 88th cross-interrogatory the words, “ and confer with him with reference to said settlement and the ratification thereof; ” the 102d, 103d, 104th, 105th, 106th, 109th, 110th, 111th and 112th cross-interrogatories; the first cross-interrogatory numbered 114; the 115th, 116th, 117th, 118th and 132d cross-interrogatories. The order appealed from is, therefore, reversed, with ten dollars costs and disbursements, and the interrogatories and cross-interrogatories are settled as herein indicated. Present — Van Brunt, P. J., Patterson, O’Brien, McLaughlin and Laughlin, JJ. Order reversed, with ten dollars costs and disbursements, and the interrogatories and cross-interrogatories settled as indicated iñ opinion.