Herald Nathan Press, Inc. v. Bourges

Defendant on this motion asks for the examination of the plaintiff as to a separate defense set up in the amended answer.

The complaint alleges that the plaintiff as a tenant occupied a part of the fourteenth floor in the building No. 460-478 West Thirty-fourth street, New York city, and that the defendant was a tenant of a part of the fifteenth floor in the same building, and that on the 21st day of May, 1934, the défendant, or his servants, agents or employees, negligently used an acetylene blow torch which caused a fire to ensue with resultant fire and water damage to the plaintiff’s…