12 A.D.2d 784 | N.Y. App. Div. | 1961
In an action against a Sheriff by his former deputy to recover moneys which it is alleged defendant wrongfully and illegally compelled plaintiff to pay to defendant, said defendant appeals from an order of the County Court, Orange County, dated August 2, 1960, which denied his motion to strike out plaintiff’s complaint and to dismiss the action and for entry of judgment accordingly, by reason of plaintiff’s willful refusal to answer questions put to him in the course of his examination before trial. Order reversed on the law, without costs, and matter remitted to the County Court, Orange County, for further proceedings not inconsistent herewith. The plaintiff appeared for an examination before trial conducted by defendant pursuant to a notice of examination, and not directed by court