40 N.Y.S. 65 | N.Y. App. Div. | 1896
This order should be reversed. The plaintiff makes no affidavit upon which to obtain the order for the examination of the defendant before trial. His attorney alone makes the affidavit.
But, further, it clearly appears from the attorney’s affidavit that he does not need the defendant’s examination for the purpose to which he refers, namely, the purpose of amending his complaint by
The order should be reversed, with ten dollars costs and disbursements, and the motion to vacate the order for the examination of the defendant before trial granted, with ten dollars costs.
Present — Van Brunt, P. J., Barrett, Rumsey, O’Brien and Ingraham, JJ.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.