Ferguson v. Bien
Appellate Terms of the Supreme Court of New York
Appeal from an order granting defendants’ application for leave to inspect the books of plaintiff to enable defendants to prepare for trial, entered in the Oity Court of the city of Few York.
1Opinion of the CourtScott, J.
This is an appeal from an order of the City Court granting an inspection of plaintiff’s books. There are several reasons why the order should not have been made. One reason is that the defendants have been guilty of laches. The general rule is that an order for discovery will not be made after the cause has actually appeared on the day calendar. In the present case the cause had been once tried and sent back for a new trial. It was placed upon the day calendar for re-trial, upon a day selected and agreed upon by defendants, and had actually been called and marked “ ready ” before the…
2Cases cited1 opinion
- Mutual Reserve Fund Life Ass'n v. PattersonNew York Supreme Court · 1901
3Cited by1 opinion
- Murphy v. KeenanNew York Supreme Court · 1917