Cash v. American Specialty Tailoring Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, American Specialty Tailoring Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of March, 1913, as resettled by an order entered in said clerk’s office on the 19th day of April, 1913, denying defendant’s motion to vacate an order for the examination of one of its officers before trial, and directing the production of books and papers.
1Per curiam
This appeal is from an order denying a motion to vacate an order for the examination of one of the officers of the defendant before trial and directing the production of books and papers.
The motion to vacate should have been granted for the reason that the complaint does not state facts sufficient to constitute a cause of action. All that it contains are statements as to the making of the contract, the substance thereof, and that it is annexed to and made a part of the complaint. Then follows an allegation that “ there is now due and owing this plaintiff under the aforesaid contract, the sum…
2Cited by9 opinions
- Shea v. SheaAppellate Division of the Supreme Court of the State of New York · 1946
- Moffat v. Phœnix Brewery Corp.Appellate Division of the Supreme Court of the State of New York · 1936
- James Conforti Construction Co v. Neek Realty Corp.Appellate Terms of the Supreme Court of New York · 1925
- Pulsch v. Nyack Express Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Honor Brand Milling Co. v. RobinsonNew York Supreme Court · 1948
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