O'Connor v. Levine — 167 A.D. 919

Majority

p. 919

Daniel P. O’Connor, Respondent, v. Arthur J. Levine, Appellant.

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 a motion to vacate an order for the examination óf defendant before trial in order to frame a complaint.

The plaintiff having knowledge of the contract which he claims was made with the defendant, he is not entitled to examine the defendant before trial for the purpose of framing a complaint. The order appealed from must be reversed, with ten doEars costs and disbursements, and the motion to vacate granted, with ten dollars costs. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order reversed, with ten doEars costs and disbursements, and motion granted, with ten doEars costs.