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Benz & Cie v. Froelich

148 N.Y.S. 1106 Court N.Y. App. Div. Decision date 1914-06-19 Docket No. 6057 English

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p. 1106
BENZ & Cie v. FROELICH.
(No. 6057.)
(Supreme Court, Appellate Division, First Department.
June 19, 1914.)

Headnote

Appeal from Special Term, New York County. Action by Benz & Cie against Jesse Froelich. From an order granting a motion for commission on written interrogatories, defendant appeals. Modified and affirmed.
Jesse S. Epstein, of New York City, for appellant.
Charles Oakes, of New York City, for respondent.

The order appealed from should be modified, by allowing the defendant either to join in the commission with written cross-interrogatories or to attend and cross-examine the witnesses orally as he shall elect. As so modified, the order is affirmed, without costs.