¶1We think that the order for the examination was sought, not for the purpose of proving facts in defense, but in order to examine the plaintiff as to the necessary elements of his cause of action. The order should, therefore, be reversed, with ten dollars costs and disbursements, and the motion to vacate the order for examination granted, with ten dollars costs. Present — Clarke, P. J., Scott, Dowling, Smith and Page, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.
172 A.D. 901
Lewis v. Healy
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1916
Appellate Division of the Supreme Court of the State of New York · decided 1916-01-15
<p>Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 15th day of December, 1915, denying a motion to vacate an order for the examination of plaintiff before trial.</p>
Decided 1916-01-15