McGready v. Haight
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Henry McCready against Friend G. Haight and I. Marshall Freese. From an order denying defendants’ motion to vacate an order requiring defendant Haight to appear for examination before trial, and from an order refusing to change the cause of action, defendants appeal.
1Per curiam
This motion was properly denied. The case, in all its substantial aspects, falls within the decision in Talbot v. Doran & Wright Co. (Com. Pl.) 9 N. Y. Supp. 478. This case is also supported by other authorities. Miller v. Kent, 59 How. Prac. 321; Judah v. Lane, 14 Daly, 308. These authorities are conclusive of plaintiff’s right to have the examination asked for.
The appeal from the order denying defendants’ motion to change the place of trial from Queens to New York county should also be affirmed. Nothing appears in the papers which requires us to interfere with the discretion of the court…
2Cases cited4 opinions
- Miller v. KentNew York Supreme Court · 1880
- Talbot v. Doran & Wright Co.New York Court of Common Pleas · 1890
- Daley v. HellmanNew York Supreme Court · 1891
- Judah v. LaneNew York Court of Common Pleas · 1887
3Cited by2 opinions
- Quinn v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Weidenfeld v. McClureAppellate Division of the Supreme Court of the State of New York · 1903