Crowe v. Mattes — 162 A.D. 893

Majority

p. 893

First Department,

March, 1914.

James J. Crowe, Respondent, v. William F. Mattes, Appellant.

Headnote

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 9th day of January, 1914, denying a motion to vacate an order for the examination of defendant before trial.

The order appealed from should be reversed and the motion granted to the extent that defendant’s examination will be limited to the question whether or not the purchaser Shaake, claimed to have been produced by plaintiff, was presented to the defendant by said plaintiff, and the question as to the price at which defendant sold and conveyed his café and saloon business to said Shaake, without costs to either party. Present — Ingraham, P. J., McLaughlin, Clarke, Scott and Hotchkiss, JJ. Order reversed and motion granted to the extent stated in opinion, without costs. Order to be settled on notice.