Appellate Division of the Supreme Court of the State of New York March 23, 1900 (Lazarus v. Schroeder)

RUMSEY, J.

It is fairly to be inferred from the affidavits that the witnesses whose examination by commission is sought are not in the state of Hew York, but are now in the city of Amsterdam, Holland. There can be' no question upon the affidavit that their testimony is material.