Harburger v. Westchester Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Westchester Fire Insurance Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on or about the 23d day of February, 1915, resettling an order which denied the defendant’s motion to vacate an order for the examination of a witness before trial.
1Opinion of the Court
Scott, J.:
This is an action in aid of an attachment against the property of Berger and Fischer, a foreign corporation. It is sought to recover the proceeds of an insurance policy issued to said corporation by the defendant, under which a loss occurred.
The witness sought to be examined is an insurance broker who had to do with the adjustment of the loss insured under the foregoing policy.
Subdivision 5 of section 872 of the Code of Civil Procedure provides that the affidavit upon which an order for such an examination as is here sought shall show: “If an action is pending, that the person to be…
2Cited by4 opinions
- Scheff v. LewisAppellate Division of the Supreme Court of the State of New York · 1920
- Hosmer v. Agricultural InsuranceAppellate Division of the Supreme Court of the State of New York · 1915
- Hosmer v. Agricultural InsuranceAppellate Division of the Supreme Court of the State of New York · 1915
- Rudini v. North British & Mercantile InsuranceCity of New York Municipal Court · 1915