Case v. Walter

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1914

Appellate Division of the Supreme Court of the State of New York · decided 1914-05-15

<p>Appeal from an order of the Supreme Court, entered in the Hew York county clerk’s office on the 15th day of April, 1914, denying a motion for an open commission to examine a witness in London, England, and to stay the trial of the action until the return of such commission.</p>

Decided 1914-05-15

Per Curiam:

¶1We think that the plaintiff was entitled to a commission upon written interrogatories to obtain the testimony of the witness in London, and to a stay of the trial for such a time as will enable him to have the commission executed. If the commission is not returned within a reasonable time the plaintiff may then apply at Special Term to vacate the stay. The order is, therefore, reversed, with ten dollars costs and disbursements, and the motion granted to the extent above stated. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted to extent stated in opinion. Order to be settled on notice.