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O'Connor v. Levine

152 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1915-03-19 Docket No. 7026 English

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p. 1131
O’CONNOR v. LEVINE.
(No. 7026.)
(Supreme Court, Appellate Division, First Department.
March 19, 1915.)

Headnote

Appeal from Special Term, New York County. Action by Daniel P. O’Connor against Arthur J. Levine. B’rom an order denying motion to vacate order for examination of defendant before trial, defendant appeals. Reversed. See, also, 151 N. Y. Supp. 1134 . Herbert C. Smyth, of New York City, for appellant. Wm. L. Tierney, of New York City, for respondent.

The plaintiff having knowledge of the contract which be claims was made with the defendant, he is not entitled to examine the defendant before trial ¡for the purpose of framing a complaint. The order appealed from must be reversed, with $10 costs and disbursements, and the motion to vacate granted, with $10 costs.