PETTER v. MATZ


278 A.D. 802 (1951)

James H. Petter, Appellant, v. Esme D. Matz et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 8, 1951.


Per Curiam.

In the absence of any information from plaintiff as to the status of the depositions already taken, including plaintiff's own deposition and answers to letters rogatory, Special Term in the interest of justice properly denied the order to permit the commission to be returned partly completed. To grant the order in the absence of such information might result in prejudice. The court was asked to act in the dark, in ignorance of what had actually...

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