Scarsdale Publishing Co. v. Collier — 131 A.D. 928

Majority

p. 928

Scarsdale Publishing Company—The Colonial Press, Appellant, v. Peter F. Collier and Robert J. Collier, Copartners Doing Business Under the Firm Name of P. F. Collier & Son, Respondents.

Headnote

Appeal from an order granting an application to vacate an ex parte order for the examination of one of the defendants.

Upon the papers presented the plaintiff was clearly entitled to an examination of the defendant. The order should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Present — Ingraham, McLaughlin, Lauglilin, Clarke and Scott, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.