Rosenkranz v. Title Guarantee & Trust Co.

260 A.D. 1057, 24 N.Y.S.2d 732, 1940 N.Y. App. Div. LEXIS 6028

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 30, 1940
• Status: Published

Opinion

Order granting motion for examination of defendant and for other relief, for the purpose of framing a complaint, reversed on the law, with ten dollars costs and disbursements, and motion denied, without costs, with leave to plaintiff to serve his complaint within twenty days from the entry of the order hereon. Plaintiff possesses sufficient information to frame a complaint without the necessity of the examination which is sought. Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ., concur.