Manley v. Stuart Silver Co.

A nonresident plaintiff may be required to appear in this State for examination (Island Supply Co. v. Sylvania Ins. Co., 127 Misc. 598). There is no good reason for holding that a nonresident assignor of the plaintiff should not be required to appear here for examination. Plaintiff maintains that an order requiring the nonresident assignor to appear here for examination would be futile and unenforcible. This is, however, not necessarily so. In National Bank of North Hudson v. Kennedy (223 App. Div. 680) the opinion indicates that a plaintiff may be stayed for failure of his assignor to comply…