White v. Improved Property Holding Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Special Term, entered in the office of the clerk of the county of New York on the 23d day "of June, 1909, denying a motion to vacate an order for the examination of certain officers, servants and agent of the defendant to enable plaintiff to frame a complaint.
1Opinion of the Court
Clarke, J.:
The moving papers affirmatively establish that the plaintiff has all the information necessary to enable him to frame his complaint. Therefore, he needs no examination of the defendant for that purpose and the order appealed from was improvident. (Waitzfelder v. Moses Sons & Co., 120 App. Div. 144; Matter of Gardner, 124 id. 654; Rosenthal v. Jackson, 125 id. 895.) After the issue is joined, if it become necessary to examine the defendant for the purpose of obtaining evidence necessary and material for use upon the trial, a proper application for such relief can be made. The order…
2Cases cited1 opinion
- Waitzfelder v. A. Moses Sons & Co.Appellate Division of the Supreme Court of the State of New York · 1907