Heaberkorn v. Macrae

This is an application by the plaintiff to withdraw a motion for a discovery and inspection and to vacate an order entered pursuant to a determination made in connection therewith.

The plaintiff, in support of the motion, contends that an order made by another Justice of this court held in abeyance the final determination of the motion for a discovery and inspection pending a report in connection with a reference directed on the question as to whether defendant had in his possession or control the papers and documents sought to be discovered; that since the defendant’s attorney has done…