Breault v. Embossing Co.

Defendant has appealed from an order of the Albany Special Term of the Supreme Court in so far as it denied its application to examine plaintiff before trial as to items 5 to 10, inclusive, set forth in the affidavit in support of its application.

Defendant is the owner of certain real property located in the city of Albany where it is engaged in manufacturing. In the *176course of its business it stores and operates various machines and machinery on the premises owned by it.

In his complaint plaintiff alleges that he is a mason and steeplejack. He further alleges that while he was repairing one of…