Commercial Trust Co. of N.Y. v. Col. Trust Co.

Full title: THE COMMERCIAL TRUST COMPANY OF NEW YORK, Appellant, v . COLUMBIA TRUST…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 1, 1918

184 App. Div. 881 (N.Y. App. Div. 1918)

Opinion

May, 1918.

SMITH, J.:

This order must be reversed, with ten dollars costs and disbursements, and the motion granted upon the authority of Bamberger v. Cooke ( 181 App. Div. 805). The defendant is entitled to an examination if the issues be specified. The defendant may renew the application whereupon the order may provide the specific matters upon which the defendant shall be allowed to examine the plaintiff before trial. Clarke, P.J., Dowling, Page and Shearn, JJ., concurred. Order reversed, with ten dollars costs and disbursements, and motion granted with leave to renew as stated in opinion.