White v. Improved Property Holding Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by George D. White against the Improved Property Holding Company. From an order denying a motion to vacate an order for examination of certain officers of defendant to enable plaintiff to frame a complaint, defendant appeals.
1Opinion of the CourtClarke, J.
The moving papers affirmatively establish that the plaintiff has all the information necessary to enable him to frame his complaint. Therefore he needs no examination of the defendant for that purpose, and the order appealed from was improvident. Waitz*1058felder v. Moses Sons & Co., 120 App. Div. 144, 104 N. Y. Supp. 796; Matter of Gardner, 124 App. Div. 654,109 N. Y. Supp. 95; Rosenthal v. Jackson, 125 App. Div. 895, 110 N. Y. Supp. 786. After the issue is joined, if it become necessary to examine the defendant for the purpose of obtaining evidence necessary and material for use upon the trial,…
2Cases cited3 opinions
- Waitzfelder v. A. Moses Sons & Co.Appellate Division of the Supreme Court of the State of New York · 1907
- In re GardnerAppellate Division of the Supreme Court of the State of New York · 1908
- Rosenthal v. JacksonAppellate Division of the Supreme Court of the State of New York · 1908