Majority
p. 820Marie B. Tout, Appellant, v. Domenick Logan, Defendant, and the Liberty Bank of Buffalo, Respondent.
Order so far as appealed from reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Memorandum: We think the complaint states a cause of action against the defendants and that the motion to vacate the notice of examination should have been denied. (Campbell v. Holding Company, Inc., 251 N. Y. 446 ; Eckler v. Rochester Packing Company, 264 id. 605.) All concur, except Taylor, J„ who dissents and votes for affirmance. (The portion of the order appealed from grants a motion to vacate plaintiff’s notice of examination of an officer of defendant bank before trial.) Present — 'Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.
Cases cited
- Campbell v. Elsie S. Holding Co. 251 N. Y. 446 p. 820