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Hunt v. Sullivan

74 N.Y.S. 1132 Court N.Y. App. Div. Decision date 1902-03-07 English

Delivered by GOODRICH, P. J.

Contents

Majority

p. 1132
HUNT, Respondent, v. SULLIVAN, Appellant.
(Supreme Court, Appellate Division, Second Department.
March 7, 1902.)

Headnote

Action by George F. Hunt, administrator of the estate of Ella W. Hunt, deceased, against Dora Sullivan. From an order refusing to vacate an order for examination of defendant before trial, the defendant appeals.
Reversed.
Ira Leo Bamberger, for appellant.
A. E. Richardson, for respondent.

The.ex parte order for the examination of the defendant before trial must be vacated, and the order denying the motion to vacate the ex parte order must be reversed, on the grounds stated in Cook v. Association, 85 Hun, 417 , 32 N. Y. Supp. 888 . Ordered accordingly, with $10 costs and disbursements.