In re Ausnit

In Matter of Moto Block Import Co. (140 App. Div. 532, 535) the Appellate Division in this department in an opinion by Laughlin, J., stated that the examination either of a witness or of an intended party in advance of the commencement of an action is authorized to perpetuate testimony. This language was quoted with approval in Matter of Hufstutler (220 App. Div. 587) decided by the Appellate Division of this department after the adoption of the Civil Practice Act (see Civ. Prac. Act, § 295). The papers before the court indicate that there is grave danger that if the testimony of the proposed…