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Hanower v. Union Bank

126 A.D. 905 Court N.Y. App. Div. English

Contents

Majority

p. 905
Frances Hanower, as Executrix, etc., of Louis N. Hanower, Deceased, Respondent, v. Union Bank of Brooklyn (Seventeenth Ward Branch), Appellant.

Headnote

Deposition — examination of party before trial.
Appeal from an order vacating an order for the examination of plaintiff before trial.

From the papers it appears that the defendant should have been permitted to take the deposition of the plaintiff before trial. The order for her examination ought not, therefore, to have been vacated. The order appealed from is reversed, with ten dollars costs and disbursements, and the motion to vacate order for plaintiff’s examination before trial denied. Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied.