Opinion
January, 1920.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, upon the ground that the affidavit on which it is based does not state that the witness is not within the State, as required by section 887 of the Code of Civil Procedure. ( Matter of Adams, 31 App. Div. 298; Apollinaris Co. v. Venable, 10 N.Y. Supp. 469; Wallace v. Blake, 4 id. 438; Brown v. Russell, 58 App. Div. 218; Fox v. Peacock, 97 id. 500.) Rich, Putnam, Blackmar, Kelly and Jaycox, JJ., concur.