119 N.Y.S. 331 | N.Y. App. Div. | 1909
A motion for an examination of the defendant in an action before issue joined will be denied when the" moving papers show that the plaintiff already has knowledge of sufficient facts upon which the intended action is based to enable him to frame a complaint, (Matter of La Grave, 132 App. Div. 108; Diefendorf v. Fenn,
Woodward, Jenks, Rich and Miller, JJ., concurred.
Order modified in accordance with opinion, and as so modified, affirmed, without costs.