Dempsey v. Heaney , 1891 N.Y. Misc. LEXIS 2352 ( 1891 )

Per Curiam.

The learned judge was right in holding that no necessity -for an examination was shown. Indeed, take the whole of the affidavit together, it appears that the examination was to be used as a preparation for .trial. Order affirmed, witli $10 costs.