83 N.Y.S. 428 | N.Y. App. Div. | 1903
The plaintiff has united in his application three specific things: First, an examination of the defendants to enable him to properly frame his complaint; second, an inspection of the books and papers of the defendants; third, an examination of witnesses not parties to the action, for the purpose of perpetuating their testimony. The plaintiff in his affidavit sets up facts showing his knowledge of a perfect cause of action against the defendants. The only thing of which he is ignorant is the exact amount which he is entitled to
If is claimed that the order as to the defendant Smith should be permitted to stand, as he deliberately violated the same by leaving, the jurisdiction of this court before an application was made to reverse the order.- It appears from the affidavits that the party was. advised as to the irregularity, that the proceedings could not be sustained, and it is evident that he took immediate steps to procure the vacation of the order. The attorney’s affidavit shows that .-the
It follows that the order should be reversed, with ten dollars costs and disbursements, and the motion to vacate granted, with ten dollars costs.
Van Brunt, P. J., Patterson, Ingraham and Laughlin, JJ., concurred.
• Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.