Borough Bank v. Cresco Realty Co.

145 A.D. 935 Court N.Y. App. Div. English

Judges Jenks, P. J., Hirsehberg, Thomas and Carr, JJ., concurred; Burr, J., dissented solely upon the ground that the testimony sought would be inadmissible upon the trial. (Jamestown Business College Assn. v. Allen, 172 N. Y. 291.)

Majority

p. 935

Borough Bank of Brooklyn, Respondent, v. Cresco Realty Company and Walter L. Johnson, Impleaded with Edward J. McLaughlin, Appellant.

No sufficient reason appears why the officers of the plaintiff should not. be examined before trial. Order reversed, with ten dollars costs and disbursements, and order for examination reinstated.

Jenks, P. J., Hirsehberg, Thomas and Carr, JJ., concurred; Burr, J., dissented solely upon the ground that the testimony sought would be inadmissible upon the trial. (Jamestown Business College Assn. v. Allen, 172 N. Y. 291 .)

Cases cited

Jamestown Business College Ass'n v. Allen 172 N. Y. 291 N.Y. 1902-10-21 p. 935