JOHNSON v. WEIS


279 A.D. 1143 (1952)

Albin G. Johnson, Appellant, v. Linus R. Weis et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 16, 1952.


Resettled order reversed on the law and facts, with $10 costs and disbursements, and motion granted in all respects, with $10 costs.

Memorandum:

The complaint in the second cause of action alleges that the defendants, including defendant Maloy, conspired to defraud the plaintiff. Maloy's answer is a general denial. The complaint has not been attacked. The matters sought to be elicited upon an examination before trial of Maloy, as an adverse party, are material...

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