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Hanower v. Union Bank of Brooklyn

110 N.Y.S. 1130 Court N.Y. App. Div. Decision date 1908-05-29 English

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p. 1130
HANOWER v. UNION BANK OF BROOKLYN.
(Supreme Court, Appellate Division, First Department.
May 29, 1908.)

Headnote

Action by Frances Hanower, as executrix, etc., against the Union Bank of Brooklyn (Seventeenth Word Branch.) From an order vacating an order for examination of plaintiff before trial, defendant appeals. Reversed, and motion to vacate order for plaintiff’s examination before trial denied.
H. J. Goldsmith, for appellant.
D. Potter, for respondent.

From the papers it appears that the defendant should have been permitted to take the deposition of the plaintiff before trial. The order for her examination ought not, therefore, to have been vacated. The order appealed from is reversed, with $10 costs and disbursements, and the motion to vacate order for plaintiff’s examination before trial denied.