Legal Opinion
Public National Bank v. National City Bank
New York Court of Appeals
Decided April 11, 1933PublishedCited by 75 opinions
1Opinion of the CourtCrane, J.
The right to examine a party before trial is not made dependent as matter of law upon the purpose or necessity to use his evidence to establish an affirmative claim or defense. It is discretionary with the courts to permit an examination of a party, even where the burden of proof is entirely with that party. Thus, a defendant may, under proper conditions, have an examination of a plaintiff, even though the answer contain no affirmative defenses and only general denials. In other words, the matter is discretionary with the court, although we recognize the wisdom of the practice adopted in the…
2Cases cited16 opinions
- Herbage v. . City of UticaNew York Court of Appeals · 1888
- Oshinsky v. GumbergAppellate Division of the Supreme Court of the State of New York · 1919
- Shaw v. Samley Realty Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Marine Trust Co. v. Nuway Devices, Inc.Appellate Division of the Supreme Court of the State of New York · 1923
- Caskie v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1930
11 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Marie Dorros, Inc. v. Dorros Bros.Appellate Division of the Supreme Court of the State of New York · 1948
- Pardee v. Mutual Benefit Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1933
- In re the Estate of SitkinNew York Surrogate's Court · 1934
- Moffat v. Phœnix Brewery Corp.Appellate Division of the Supreme Court of the State of New York · 1936
- Nelson v. HirschNew York Court of Appeals · 1934
70 more not listed; retrieve them via the Exa API.