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Peetsch v. Quinn

42 N.Y.S. 1130 Court N.Y. City Ct. Decision date 1896-12-12 English

Delivered by FITZSIMONS, J.

Contents

Majority

p. 1130
PEETSCH v. QUINN. In re CURRAN.
(City Court of New York, General Term.
December 12, 1896.)

Headnote

Action by Henry C. L. Peetsch against William H. Quinn. For former report see 33 N. Y. Supp. 87 . Johnson & Johnson, for appellant. M. H. Curran, for respondent.

We think that the proceeding herein against Curran was a special proceeding, and, as costs were therein awarded Curran, he had the right to examine the plaintiff under the order granted herein. Plaintiff having failed to pay such costs, the remedy so taken, in our judgment, was not objectionable merely because it was retroactive. The order must be affirmed, with costs.