Gedney v. Planten
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order made by , the City Court of the city of New York denying defendant’s motion to set aside an order for the examination of defendant before trial and appointing a referee to take defendant’s deposition.
1Opinion of the CourtWhitaker, J.
Plaintiff procured an order from a justice of the City Court of the city of New York for defendant’s examination before trial. This order required defendant to appear before a referee for that purpose. Defendant moved to vacate the order first upon the ground that the justice of the City Court had no power to appoint a referee before whom defendant’s testimony should be taken and also upon the ground that the moving papers were defective and wholly insufficient upon which to base the order for defendant’s examination. As to the first ground of defAidant’s *276objection, a justice of the City…
2Cases cited2 opinions
- Mason v. New York Review Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Voicly v. AielloAppellate Terms of the Supreme Court of New York · 1910
3Cited by1 opinion
- Gedney v. PlantenAppellate Division of the Supreme Court of the State of New York · 1915