Landau v. Citron
Appellate Terms of the Supreme Court of New York
Appeal from an order of the City Court of the city of ¡New York, vacating and setting aside part of an ex parte order made by Justice Conlon, February 17, 1905, directing plaintiff to appear before J ames Eidgway, referee.
1Opinion of the CourtScott, J.
An order having been made under section 873, Code of Civil Procedure, for the physical examination of plaintiff and her examination before trial, the court below, by the order appealed from, has stricken out of the order the provision for plaintiff’s oral examination, leaving intact the appointment of the referee named in the original order (although nothing is left for him to do) and the provision for a physical examination by the physician named. This reduces the order to the precise form condemned by thé Court of Appeals in Lyon v. Manhattan R. Co., 142 N. Y. 301. As was forcibly,…
2Cases cited1 opinion
- Green v. Middlesex RailroadNew York Supreme Court · 1894