Koppel v. Hatch
Appellate Terms of the Supreme Court of New York
This is an appeal from an order, made at a Special Term of the City Court of the city of New York, vacating an order requiring plaintiff to appear to be examined in order to enable the defendant to frame his answer.
1Per curiam
The affidavit presented by the plaintiff on the application for an order to compel the plaintiff to appear for examinátion complied with the statute and showed that the information sought by the defendant was material and necessary. In the language of the Appellate Division in Kramer v. Kramer, 70 App. Div. 615: “It is evident that the testimony of the plaintiff in view of the peculiar circumstances surrounding the execution and delivery of the note, is material and necessary to the defense in this action * * *. The facts as to how the plaintiff became possessed of the note and the…
2Cases cited1 opinion
- Kramer v. KramerAppellate Division of the Supreme Court of the State of New York · 1902