¶1Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, on the ground that the defendants, having pleaded payment, have the burden of proving the same and, therefore, are entitled to the examination sought. The date for the examination to proceed to be fixed in the order. Settle order on notice. Present — Clarke, P. J., Dowling, Finch, McAvoy and Martin, JJ.
207 A.D. 892
Riker v. Pepe
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1923
Appellate Division of the Supreme Court of the State of New York · decided 1923-12-15
Decided 1923-12-15