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Knight v. Reviews of Reviews Co.

157 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1916-01-28 English

Contents

Majority

p. 1131
Henry W. KNIGHT, Respondent, v. The REVIEWS OF REVIEWS COMPANY, Appellant.
(Supreme Court, Appellate Division, First Department.
January 28, 1916.)

Headnote

Appeal from Special Term, New York County. The order appealed from denied defendant’s motion to vacate an order for examination of defendant before trial.

The order appealed from should be modified, by striking out therefrom the words, “pursuant to the terms of the said order of December 21, 1915,” and adding" after the words “submit to an examination” the following : “Concerning the issues raised by the pleadings herein as to the fact of plaintiff’s employment, by whom employed, the nature of the services rendered by him, and the reasonable value thereof”—and, as so modified, affirmed, with $10 costs and disbursements to the appellant. Settle order on notice.