Citation Numbers: 253 A.D. 740, 300 N.Y.S. 778, 1937 N.Y. App. Div. LEXIS 5413
Filed Date: 12/17/1937
Status: Precedential
Modified Date: 10/28/2024
The Special Term granted a motion by defendant to take the deposition of a non-resident witness, under the provisions of section 307 of the Civil Practice Act, who refused to make an affidavit on defendant’s motion for a new trial on newly-discovered evidence. The order was one resting in the discretion of the trial justice. Order affirmed, with ten dollars costs and disbursements; the examination to proceed on five days’ notice as directed in the order. Hagarty, Carswell, Davis, Johnston and Adel, JJ., concur.