JOHNSON v. PHILLIPS


283 A.D. 819 (1954)

Verner Johnson, Respondent, v. Margo C. Phillips, Appellant

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

March 22, 1954.


Order reversed, with $10 costs and disbursements, and motion denied, without costs, and with leave to renew after plaintiff has been examined, as provided in the order, dated November 15, 1951.

The courts will give consideration to the financial hardship upon a nonresident party in attending an examination in this State. (Duncan v. Jacobson, 187 Misc. 918, affd. 274 App. Div. 762.) But the plaintiff having invoked the jurisdiction of the New York court may...

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