Stapleton v. La Shelle

Full title: JOHN STAPLETON, Respondent, v . MAZIE N. LA SHELLE, as Executrix, etc., of…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 21, 1908

124 App. Div. 335 (N.Y. App. Div. 1908)

109 N.Y.S. 42

Opinion

February 21, 1908.

Martin L. Stover, for the appellant.

Benno Loewy, for the respondent.

INGRAHAM, J.:

This is an appeal from an order similar to the order in the case under the same title decided herewith. ( 124 App. Div. 333.) For the reasons stated in that opinion the order appealed from is affirmed, without prejudice to an application by the defendant to the Speecial Term for leave to issue a new commission to orally cross-examine the witness if it should appear after an examination of the testimony as taken in the commission returned that such cross-examination is necessary, with no costs of this appeal.

PATTERSON, P.J., LAUGHLIN, CLARKE and HOUGHTON, JJ., concurred.

Order affirmed, without prejudice to application, as indicated in opinion. Settle order on notice.