¶1Resettled order in so far as it denies defendant’s motion for an examination upon written interrogatories and directs an open commission upon oral interrogatories upon condition that defendant’s counsel consent to the payment of the necessary expenses and the attendance fees of plaintiff’s counsel affirmed, with ten dollars costs and disbursements. Time to file consent and to make payment of the $200 provided for in the order extended until five days after service of a copy of the order hereon. No opinion. Lazansky, P. J., Carswell, Davis, Johnston and Adel, JJ., concur. [See ante, p. 770.1
249 A.D. 776
Gilvarry v. Moran
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 1936
Appellate Division of the Supreme Court of the State of New York · decided 1936-12-28
Decided 1936-12-28