VICTOR LEVETT & CO. v. RANDALL


9 A.D.2d 732 (1959)

Victor Levett & Co., Respondent, v. James Randall, Appellant

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

November 4, 1959


Order granting plaintiff's motion to vacate defendant's notice to examine plaintiff before trial unanimously reversed, on the law and in the exercise of discretion, with $20 costs and disbursements to defendant-appellant, and the motion denied, with $10 costs, with leave, however, to plaintiff to renew its motion on proper affidavits establishing hardship or other sufficient ground for not responding to the notice.

Plaintiff misreads the statutes. An examination before...

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