Brown v. Georgi
Appellate Terms of the Supreme Court of New York
Appeals by the defendants from affirmance by the General Term of the City Court of New York, of an order for inspection and discovery, an order directing the striking out of defendant’s answers unless the prior order for discovery be complied with in two days, and an order striking out such answers and for judgment. The opinion states the facts so far as they are material.
1Opinion of the CourtGiegerich, J.
The order for inspection and discovery was, in its nature, a discretionary one; hence it was not appealable to this court unless the record should disclose a total absence of grounds upon which discretion could proceed. Allen v. Meyer, 73 N. Y. 1; Kreizer v. Allaire, 16 Misc. Rep. 6. Here, the court below could have been led to believe, by the verified petition, that the lease upon which the action was founded had been executed in duplicate and that, while the plaintiff was unable to find his own copy, the defendants were in possession of one themselves, an inspection of which was necessary…
2Cases cited5 opinions
- Brinkley v. . BrinkleyNew York Court of Appeals · 1871
- Allen v. . MeyerNew York Court of Appeals · 1878
- Kreizer v. AllaireAppellate Terms of the Supreme Court of New York · 1896
- In re DunnNew York Supreme Court · 1891
- In re One of the Two Trustees of the Peekamose Fishing ClubAppellate Division of the Supreme Court of the State of New York · 1896