Lewis v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The City of Buffalo and others, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 19th day of June, 1906, denying a motion made by the said defendants upon the moving papers to vacate an order theretofore made at chambers ex parte, which directed that the deputy commissioner engineer of the defendant' city of Buffalo and an assistant ■ engineer of said city • appear…
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Appeal by the defendants, The City of Buffalo and others, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 19th day of June, 1906, denying a motion made by the said defendants upon the moving papers to vacate an order theretofore made at chambers ex parte, which directed that the deputy commissioner engineer of the defendant' city of Buffalo and an assistant ■ engineer of said city • appear and be examined. before a referee appointed for that purpose at á time and' place specified. The nature or character of…
1Opinion of the Court
McLennan, P. J.:
We think the riioving papers wholly fail to show any proper ground upon which the order in question can be based. The substance of-the allegations is that the defendant, the city of Buffalo, through its officers,, has caused certain investigations to be made relating to plaintiffs’ alleged cause of action against the defendant; that some of the information thus obtained has been put in the form of maps; that some is in the shape of records, and some in the minds of such officers. And the plaintiffs allege that it is desirable, indeed essential, that all such information should…
2Cited by1 opinion
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