New York Supreme Court December 15, 1899 (Trotter v. Brevoort)

G-aynob, J.:

The affidavit on which the order for the plaintiff’s examination was obtained shows the facts required by subdivisions 1 to 4 inclusive of section 872 of the Code of Civil Procedure, and in addition that he is bedridden and will not be able to attend the trial. This latter is a necessary statutory ground for the examination of a witness before trial (sub. 5).