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125 A.D. 895

Rosenthal v. Jackson

Appellate Division of the Supreme Court of the State of New York · decided 1908-05-29

Appeal by the defendants, Charles Jackson and another, as trustees, etc., from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 27th day of March, 1908, denying the defendants’ motion to vacate a prior order for their examination before trial to enable the plaintiff to frame her complaint.

Decided 1908-05-29

Per Curiam :

¶1From the papers it appears that the plaintiff has sufficient knowledge to frame a complaint to compel the defendants to account for such moneys as they had received and for which they were accountable to the plaintiff’s testator. She is not entitled to an examination of the defendants before serving her complaint for the purpose of determining whether she has a cause of action.

¶2The order appealed from is, therefore, reversed, with ten dollars costs and disbursements, and the motion to vacate the order for the examination of the defendants granted.

¶3Present — Ingraham, McLaughlin, Clabke, Houghton and Scott, JJ.

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