Bauer v. Secor
241 A.D. 877
N.Y. App. Div.
1934
Check Treatment

Order in so far as it grants the motion to vacate plaintiffs’ notice of examination before trial reversed on the law, with ten dollars costs and disbursements, and motion in all respects denied, with ten dollars costs; examination to proceed on *878five days’ notice. The testimony sought to be taken is material and necessary in the prosecution of the action and upon subjects which plaintiff must prove. Young, Hagarty, Carswell, Scudder and Davis, JJ., concur.