Boyle v. Municipal Gas Co.
New York Supreme Court
The defendants, appearing by separate attorneys, move for the vacating of an order granted on the 11th day of July, 1916, pursuant to section 872 of the Code of Civil Procedure, for the examination of defendants.
1Opinion of the CourtRudd, J.
Each defendant moves for an order vacating an order heretofore granted permitting the examination of each defendant by the respective general managers under the provisions of section 872 of the Code.
The action has been commenced. . The complaint is not served. The affidavit upon which the order for examination was granted states that the plaintiff has a cause of action against each defendant, setting forth somewhat in detail" the relation which each defendant bears to the conditions which it is alleged caused the accident out of which this action arises.
The affidavit of plaintiff further sets…
2Cases cited3 opinions
- Glenney v. . StedwellNew York Court of Appeals · 1876
- In re NolanNew York Supreme Court · 1893
- In re SchoellerAppellate Division of the Supreme Court of the State of New York · 1902