Borough Bank v. Cresco Realty Co.

No sufficient reason appears why the officers of the plaintiff should not. be examined before trial. Order reversed, with ten dollars costs and disbursements, and order for examination reinstated.

Jenks, P. J., Hirsehberg, Thomas and Carr, JJ., concurred; Burr, J., dissented solely upon the ground that the testimony sought would be inadmissible upon the trial. (Jamestown Business College Assn. v. Allen, 172 N. Y. 291.)