Opinion
April 12, 1962
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, ARTHUR A. KLOTZ, J.
Bleakley, Platt, Schmidt, Hart Fritz ( Dennis P. Donovan and Michael J. Shalley of counsel), for appellant.
Zelman Zelman ( Benjamin M. Zelman of counsel), for respondent.
It was an improvident exercise of discretion to deny an application for interrogatories to obtain essential testimony of two witnesses residing outside the State when the defendant found that they would not appear for trial as anticipated.
The order should be reversed, with $10 costs, and motion granted.
Concur — HOFSTADTER, J.P., GOLD and CAPOZZOLI, JJ.
Order reversed, etc.