Welsh v. Cowles Shipyard Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Cowles Shipyard Company, Inc., from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on or about the 30th dajr of December, .1921, directing that the deposition of the defendant and its president, Benjamin L. Cowles, be taken before the service of the complaint, and that certain books and papers be produced by the defendant for inspection by the plaintiff.
1Opinion of the Court
Hubbs, J.:
This action was commenced by the service of a summons without a complaint. The defendant served a notice of appearance. The plaintiff, before serving a complaint, made a motion under article 29 of the Civil Practice Act, for an order to take the deposition of the defendant and its president and for an inspection of the books and papers of the defendant. The motion was granted and the defendant has appealed from the order.
The order was not made for the purpose of enabling the plaintiff to ascertain facts from which to frame his complaint. There is no pretense that it would be…
2Cases cited1 opinion
- Bloodgood v. SlaybackAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by9 opinions
- Sands v. ComerfordAppellate Division of the Supreme Court of the State of New York · 1925
- Punia v. Dry Dock Savings BankAppellate Division of the Supreme Court of the State of New York · 1952
- Kozuch v. BachmannAppellate Division of the Supreme Court of the State of New York · 1935
- Realty Construction Co. v. FreemanSupreme Court of Georgia · 1932
- Joseph v. ErvolinaAppellate Division of the Supreme Court of the State of New York · 1955
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