Rosenthal v. Jackson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles Jackson and another, as trustees, etc., from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 27th day of March, 1908, denying the defendants’ motion to vacate a prior order for their examination before trial to enable the plaintiff to frame her complaint.
1Opinion of the Court
Per Curiam :
From the papers it appears that the plaintiff has sufficient knowledge to frame a complaint to compel the defendants to account for such moneys as they had received and for which they were accountable to the plaintiff’s testator. She is not entitled to an examination of the defendants before serving her complaint for the purpose of determining whether she has a cause of action.
The order appealed from is, therefore, reversed, with ten dollars costs and disbursements, and the motion to vacate the order for the examination of the defendants granted.
Present — Ingraham, McLaughlin,…
2Cited by1 opinion
- White v. Improved Property Holding Co.Appellate Division of the Supreme Court of the State of New York · 1909