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In re Rich

175 A.D. 969 Court N.Y. App. Div. English

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p. 969
In the Matter of the Application of Louis E. Rich, Respondent, to Examine Before the Commencement of an Action Samuel I. Hyman, Appellant.

Headnote

Appeal from an order denying a motion to vacate an order for the examination.

The order appealed from is reversed, with ten dollars costs and disbursements, and the motion granted, on the ground that the only purpose for which the examination is sought is to enable the plaintiff to ascertain the exact amount due him. (See Cohn v. Hubert, 140 App. Div. 507 .) Present — Clarke, P. J., Laughlin, Dowling, Page and Davis, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted.