Metera v. Foster Paving Block Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Broome County. Action by Veronica Meterá, as administratrix, etc., of Stanislov Meterá, deceased, against the Foster Paving Block Company. From an order requiring an examination of two of defendant’s officers before trial, and of complainant’s electrical expert at defendant’s plant, with permission to such expert, plaintiff’s counsel, and the referee to make an examination of the plant, defendant appeals. Order reversed.
1Opinion of the CourtJohn M. Kellogg, J.
The right to examine a witness or party before trial is a statutory right, and to obtain it the statutory provisions must be complied with. The Special Term has no power to grant the original order; it must be made by a judge. Code of Civil Procedure, § 873; Heishon v. Knickerbocker Life Ins. Co., 77 N. Y. 278; Wiechers v. New Home Sewing Machine Co., 38 App. Div. 1, 56 N. Y. Supp. 235; Weinstock v. Hallenbeck, 163 App. Div. 966, 148 N. Y. Supp. 1150. The order was therefore improperly granted at Special Term.
We may state that the papers do not sufficiently show the necessity for the…
Also in this document: Concurrence.
2Cases cited4 opinions
- Heishon v. . Knickerbocker Life Insurance Co.New York Court of Appeals · 1879
- Wiechers v. New Home Sewing Machine Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Weinstock v. HallenbeckAppellate Division of the Supreme Court of the State of New York · 1914
- Weinstook v. HallenbeckAppellate Division of the Supreme Court of the State of New York · 1914