Reiss v. Realty

This is a motion pursuant to section 307 of the Civil Practice Act and rule 120 of the Rules of Civil Practice for an order appointing a referee to take the deposition of one Arnold D. Ajello, not a party to the action, to be used by the plaintiffs on a motion for summary judgment, which they are about to make. *35The action is for legal services rendered to the defendant, and the moving affidavit sets forth that Arnold D. Ajello represented the defendant and was present at almost all of the transactions had between the parties to the action. It is further alleged that although the said Arnold…