Hyperlawhypertext legal database Thorn v. Eastern Mausoleum Co. 149 N.Y.S. 1114

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Thorn v. Eastern Mausoleum Co.

149 N.Y.S. 1114 Court N.Y. App. Div. Decision date 1914-10-14 English

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p. 1114
THORN, Respondent, v. EASTERN MAUSOLEUM CO. et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
October 14, 1914.)

Headnote

Action by Alfred W. Thorn, suing on behalf of himself, etc., against the Eastern Mausoleum Company and others.

Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs. Held, that the moving papers do not show that the examination is necessary to frame a complaint, or that the testimony of the persons to be examined is material and necessary in the prosecution of the action; issue not having been joined. See Lane v. Rena, 123 App. Div. 914 , 108 N. Y. Supp. 1138 .