Boskowitz v. Sulzbacher
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Anton W. Sulzbacher, 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 9th day of August, 1907, denying said defendant’s motion to vacate an order for his examination before trial to enable the plaintiff to frame his complaint.
1Opinion of the Court
Laughlin, J.:
The learned counsel for the appellant contends that the plaintiff failed to show by competent proof that he has a cause of action against the defendants and that, therefore,,the order was improperly granted.- If the plaintiff knew, all of the facts essential to be alleged to properly present his cause of action, an examination to' enable Mm to frame the complaint would be unnecessary and should not be ordered; bat, nevertheless, he must show by competent proof — and mere allegations upon information and belief, the sources of information and grounds of belief not being fully set…
2Cases cited9 opinions
- Williams v. . WhedonNew York Court of Appeals · 1888
- Russell v. . McCallNew York Court of Appeals · 1894
- Goldmark v. U. S. Electro-Galvanizing Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Heishon v. . Knickerbocker Life Insurance Co.New York Court of Appeals · 1879
- Muller v. LevyNew York Supreme Court · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re GardnerAppellate Division of the Supreme Court of the State of New York · 1908
- Lotz v. Standard Vulcanite Pan Co.Appellate Terms of the Supreme Court of New York · 1917
- Boskowitz v. UlmannAppellate Division of the Supreme Court of the State of New York · 1907
- Whitley v. SpeedAppellate Division of the Supreme Court of the State of New York · 1916
- Boskowitz v. SulzbacherAppellate Division of the Supreme Court of the State of New York · 1907
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