Bohling v. Bronson — 115 N.Y.S. 29

Majority

p. 29

BOHLING v. BRONSON.

(Supreme Court, Appellate Division, First Department.

February 19, 1909.)

Headnote

Discovery (§ 42^[1] )—Plaintiff’s Whereabouts—Obligation of Attorney to Disclose.

Defendant is entitled to an order requiring plaintiff’s attorney to disclose plaintiff’s present address before defendant can be compelled to try the action.

[Ed. Note.—For other cases, see Discovery, Cent. Dig. § 55; Dec. Dig. § 42.*]

p. 30

Appeal from Special Term, New York County.

Action by John P. Bohling against Sara G. Bronson. From an order denying defendant’s motion requiring plaintiff’s attorney tó furnish plaintiff’s present address, defendant appeals. Reversed.

Argued before INGRAHAM, McLAUGHLIN, LAUGHLIN, CLARKE, and SCOTT, JJ.

D. K. Jay, for appellant.

T. H. Friend, for respondent.

We think the defendant was entitled to information as to the present whereabouts of the plaintiff before she should be compelled to try the action.

The order should be reversed, with $10 costs and disbursements, and the motion granted, requiring the plaintiff’s attorney to inform the defendant’s attorney as to the present address of the plaintiff. All proceedings on the part of the plaintiff are stayed until 30 days after such information is given.