180 A.D. 72 | N.Y. App. Div. | 1917
The basis for the order permitting an examination of the witness for the purpose of perpetuating his testimony was that the witness was about to depart from the State. The sole ground assigned for this conclusion was that the witness resides at Pine Orchard, Conn., where he has an office. But it also appears without contradiction that the witness is a member of a New York city firm and has an office at 30 Church street, borough of Manhattan, where he attends regularly every week and usually twice in each week. “ About to depart from the State,” as used in section 872, subdivision
The order should be reversed, with ten dollars costs and disbursements, and the motion to vacate and set aside the order granted, with ten dollars costs.
Clarke, P. J., Scott, Smith and Davis, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.