Boulant v. Ziegfeld — 125 N.Y.S. 1113

Majority

p. 1113

BOULANT v. ZIEGFELD.

(Supreme Court, Appellate Division, First Department.

November 4, 1910.)

Headnote

Appeal from Special Term, New York County. Action by Alfred Boulant against Florenz Ziegfeld, Jr. From an order vacating an order for the examination of a witness de bene esse, plaintiff appeals. Reversed, and motion to vacate denied.

Henry Hoelljes(Walter Carroll Low, of counsel), for appellant. Leon Laski, for respondent.

The moving papers contain all the necessary and jurisdictional facts required by sections 870 to 873 of the Code of Civil Procedure to be shown to entitle the moving_ party to an order for the examination of a witness to be taken to perpetuate testimony. The order appealed from should be reversed, with $10 costs and disbursements, and the

p. 1114

motion to vacate denied, with $10 costs, the date for the examination to be fixed upon settlement of the order.