Order reversed, without costs, and motion to vacate defendants' notice granted.
Defendant, Robert Swerny, seeks to examine a memorandum made by an officer of plaintiff bank which was made many months after the maturity of notes on which plaintiff is suing the defendants. Said defendant claims that the notes were made without his knowledge through the collusion of an expartner and a loan officer of the bank not available for examination because he is now under indictment...
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