Kirman v. Fries

Plaintiff sues upon an alleged agreement with the defendant to recover from him commissions claimed to be earned through the exchange of certain real property owned in common by the defendant and others. The answer is a general denial with two defenses.

The plaintiff has served upon defendant’s attorney a notice as provided by the Civil Practice Act (§ 288 et seq.), directing the defendant to appear before a referee for examination before trial concerning the items enumerated in said notice. The proposed examination covers seven specifications, all of which consist of conversations and…