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Gledhill v. Schiff

153 N.Y.S. 1116 Court N.Y. App. Div. Decision date 1915-05-28 Docket No. 7431 English

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p. 1116
GLEDHILL, Appellant, v. SCHIFF et al., Respondents.
(No. 7431.)
(Supreme Court, Appellate Division, First Department.
May 28, 1915.)

Headnote

Appeal from Special Term, New York County. Action by John Gledhill, on behalf of himself, etc., against Jacob H. Scbiff and others. From an order vacating an order for the examination of defendants before trial, plaintiff appeals.
Reversed, and order for examination modified.
Harrison Clark, Jr., of New York City, for appellant.
Carl A. De Gersdorff, of New York City, for respondents.

The order appealed from should be reversed, and the order for the examination of the defendants before trial modified, by allowing examination only under the third clause of the first paragraph of such or

p. 1117
der, and also by striking from said order the requirement that the defendant produce the books, documents, etc. No costs of appeal.