STEWART v. SOCONY VACUUM OIL CO.


3 A.D.2d 582 (1957)

Malcolm B. Stewart, Respondent, v. Socony Vacuum Oil Company, Incorporated, Appellant

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

May 15, 1957.


Attorney(s) appearing for the Case

Roland Ford for appellant.

William J. Quinn for respondent.

FOSTER, P. J., COON and GIBSON, JJ., concur; HALPERN, J., concurs in the result.


BERGAN, J.

The Special Term has dismissed the original complaint and an amended complaint; but upon the dismissal of the amended complaint leave was given to plaintiff to move to examine the defendant "to ascertain facts from which to frame his complaint".

The motion thus permitted was brought on and granted in due course; the order from which defendant appeals authorizes not only an examination of the...

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