Warner v. Dockendorff
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emelea Pusey Warner, as executrix, 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 the 20th day of September, 1917, denying her motion to vacate an order for the examination of a witness who is not a party to the action, and refusing to set aside a subpoena duces tecum served on said witness.
1Opinion of the Court
Shearn, J.:
The basis for the order permitting an examination of the witness for the purpose of perpetuating his testimony was that the witness was about to depart from the State. The sole ground assigned for this conclusion was that the witness resides at Pine Orchard, Conn., where he has an office. But it also appears without contradiction that the witness is a member of a New York city firm and has an office at 30 Church street, borough of Manhattan, where he attends regularly every week and usually twice in each week. “ About to depart from the State,” as used in section 872, subdivision *735,…
2Cited by1 opinion
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