Canet v. Smith — 149 N.Y.S. 1074

Majority

p. 1074

CANET v. SMITH et al.

(No. 6328.)

(Supreme Court, Appellate Division, First Department.

October 30, 1914.)

Headnote

Appeal from Special Term, New York County. Action by B. Charles Canet against Higbie Smith and others, From an order ( 149 N. Y. Supp. 101 ), vacating an order for examination of defendants before trial, plaintiff appeals. Order of vacation reversed, and order for examination modified. J. J. Alexander, of New York City, for appellant. G. E. Blackwell, of New York City, for respondents.

We think the plaintiff was entitled to examine the defendant before trial, and that the order vacating the order for such examination should be vacated. The order for examination, however, was improper, in requiring the production of the books and papers, The order appealed' from is 'therefore reversed, with $10 costs and disbursements, and the order for examination modified, by striking out the provision requiring the production of the books and papers by the defendant.