¶1Order so far as appealed from reversed on the law, without costs of this appeal to either party, and motion denied, without costs. See memorandum filed in companion case {Tout v. Logan, ante, p. 820), decided herewith. All concur, except Taylor, J.., who dissents and votes for affirmance. (The portion of the order appealed from grants a motion to vacate plaintiff’s notice of examination of an officer of defendant bank before trial.) Present — ■ Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.
254 A.D. 821
Tout v. Logan
Appellate Division of the Supreme Court of the State of New York
Decided May 25, 1938
Appellate Division of the Supreme Court of the State of New York · decided 1938-05-25
Decided 1938-05-25