Appellate Division of the Supreme Court of the State of New York July 7, 1908 (Ely v. Perkins)

Williams, J.:

The order should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs.

The specific ground upon which the order was vacated was that the party sought to be examined would not be obliged to testify with reference to matters about which plaintiff desired to examine him; that there was a privilege inasmuch as his answers might tend to