Corbin v. Niagara Junction Railway Co.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs, without prejudice to the right of the plaintiff to ¡make another motion upon proper papers, if so advised. Memorandum: Plaintiff’s affidavit in support of his motion to be allowed to examine the defendant to obtain information to enable him to draw a complaint is insufficient to establish that he has any palpable cause of action against the defendant. The affidavit does not state how or when the accident occurred nor does it state his relationship to the defendant. A conclusory statement unsupported by any…