H. G. Vogel Co. v. George Backer Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George Backer Construction 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 13th day of October, 1911, denying a motion to vacate an order for the examination of the defend-, ant before trial;
1Opinion of the Court
Miller, J.:
The action was brought to foreclose a mechanic’s lien for work, labor and services performed and materials furnished in the installation of an automatic sprinkling system in a building owned by the defendant. The answer substantially denies the performance of the contract by the plaintiff and sets up two counterclaims for damages. The order directs an examination of defendant’s president, who verified the answer, and its treasurer. In the affidavit upon which the order was granted it was stated that the examination is “ material and necessary to enable plaintiff to properly prepare…
2Cases cited1 opinion
- Weeks v. WhitneyAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by8 opinions
- Kornbluth v. IsaacsAppellate Division of the Supreme Court of the State of New York · 1912
- Van Riper v. RayNew York Supreme Court · 1914
- Century Holding Co. v. Ebling Brewing Co.Appellate Terms of the Supreme Court of New York · 1915
- Horenstein v. MarksAppellate Division of the Supreme Court of the State of New York · 1913
- Horenstein v. MarksAppellate Division of the Supreme Court of the State of New York · 1913
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