Gilroy v. Inter-Borough-Metropolitan Co.

This is a motion to set aside an order for the examination of the plaintiff in order to enable the defendant, who obtained the order, to prepare his answer. The papers show that the plaintiff is a resident of Scotland and is not now in this country, and the order directs him to appear before a referee in the city of New York on a certain day to be examined concerning the matters relevant to the issues in this action. The said defendant, upon an affidavit showing that the plaintiff was without this State, obtained an order directing that the service of said order of examination be made by…