Majority
p. 896
In the Matter of the Application of Otis F. Wood, Respondent, for an Examination of Rose O’Neill Wilson, Appellant, as a Person Expected to be a Party to an Action.
Headnote
Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 3d day of February, 1915, denying the motion of Rose O’Heill Wilson to vacate an order for her examination.It is obvious that the plaintiff has all the knowledge necessary to enable him to frame a complaint. After issue joined he may be entitled to examine the defendant as a party; but such examination is not authorized before issue joined. The order appealed from should be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Present — Clarke, Laughlin, Scott, Dowling and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.