Legal Opinion
Chojnacki v. Interborough Rapid Transit Co.
Appellate Terms of the Supreme Court of New York
Decided May 15, 1912PublishedCited by 3 opinions
Appeal by defendant from an order of the City Court of the city of Hew York.
1Opinion of the Court
'Seabury, J.
The order appealed from directs .the defendant to permit- a representative of the plaintiff to inspect *428a certain machine in the defendant’s power-house, and to take a photograph of it. The order is made under 'section 803 of the Code of Civil Procedure and rule 14 of the General Rules of Practice. The technical objection is urged that the order should be reversed because it was granted upon an affidavit, instead of a petition verified by an affidavit. This was formerly held to be an irregularity which could not be disregarded. Lee v. Winans, 99 App. Div. 297; Bloodgood v.…
2Cases cited2 opinions
- Cuca v. Lackawanna Steel Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Lee v. WinansAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by3 opinions
- Gimenes v. New York & Porto Rico S. S. Co.District Court, S.D. New York · 1929
- Chippona v. General Railway Signal Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Rosen v. SimonsAppellate Terms of the Supreme Court of New York · 1913