Riker v. Pepe

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, on the ground that the defendants, having pleaded payment, have the burden of proving the same and, therefore, are entitled to the examination sought. The date for the examination to proceed to be fixed in the order. Settle order on notice. Present — Clarke, P. J., Dowling, Finch, McAvoy and Martin, JJ.