Joseph v. Sulzberger — 127 N.Y.S. 1126

Majority

p. 1126

JOSEPH v. SULZBERGER et al.

(Supreme Court, Appellate Division, First Department.

February 10, 1911.)

Headnote

Appeal from Special Term, New York County. Action -by E’rederick Joseph against Ferdinand Sulzberger and another. From parts of an order denying a motion to vacate an order for examination before trial of the individual defendant, and granting the motion as to defendant corporation, both parties appeal. Modified. See 136 App. Div. 499 , 121 N. Y. Supp. 73 . Samuel Untermyer, for plaintiff. Paul D. Cravath, for defendant. ,

The order should be modified, so as to deny the motion of the defendant to vacate or modify the original order for the examination of the individual defendant and the defendant Sulzberger & Sons Company; the original order, requiring the examination of both defendants, reinstated, with $10 costs and disbursements to the plaintiff; the date of the examination to be fixed on the settlement of the order.