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Scarsdale Publishing Co. v. Collier

116 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1909-04-30 English

Contents

Majority

p. 1146
SCARSDALE PUB. CO.-THE COLONIAL PRESS v. COLLIER et al.
(Supreme Court, Appellate Division, First Department.
April 30,
p. 1147
1909.)

Headnote

Appeal from Special Term, New York Comity. Action by the Scarsdale Publishing Company-The Colonial Press against Peter F. Collier and another. From an order granting a motion to vacate an ex parte order for examination of one of the defendants, plaintiff appeals. Reversed, and motion denied. Henry Staton, for appellant. John V. Judge, for respondents.

Upon the papers presented, the plaintiff was clearly entitled to an examination of the defendant. The order should be reversed, with §10 costs and disbursements, and the motion denied, with §10 costs.