Boskowitz v. Sulzbacher — 121 A.D. 886

Majority

p. 886

Jesse L. Boskowitz, as Administrator, etc., of Ignatz Boskowitz, Deceased, Respondent, v. Anton W. Sulzbacher, Defendant, Impleaded with Joseph H. Sulzbacher (Surviving Partner of the Firm of J. H. Sulzbacher & Company), Appellant.

(No. 2.)

First Department,

November 15, 1907.

Headnote

See head note in Boskowitz v. Sulzbacher, No. 1 (ante, p. 878).

Appeal by the defendant, Joseph- H. Sulzbacher (surviving partner, etc.), from an order of the Supreme Court, made at the New York Special- Term and entered in the office of the clerk of the county of New York on the 8th day of August,, 1901, denying the said defendant’s motion to vacate an order for the examination of the defendant Anton W. Sulzbacher, to enable the-plaintiff to. frame his complaint.

Charles L. Craig, for the appellant.

Harold Nathan [John R . Dos Passos with him on the brief], for the respondent.

This is-an appeal by the defendant Joseph H. Sulzbacher from an order denying his motion, separately made, to vacate the order for the examination of liis codefendant, to enable plaintiff to frame a complaint against both of them: The' record is otherwise in all material respects the same as that presented on the appeal by- the defendant Anton W. Sulzbacher ( 121 App. Div. 878 ), argued and decided herewith. Upon the authority of the opinion deciding the other appeal, the order should be reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

Present—Patterson, P. J., Ingraham, Laughlin, Clarke and Houghton, JJ.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.