Thompson v. Haigh
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry B. Haigh and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 21st day of August, 1909, denying the defendants’ motion to vacate an order directing them to appear for an examination before trial.
1Opinion of the Court
Burr, J.:
A motion for an examination of the defendant in an action before issue joined will be denied when the" moving papers show that the plaintiff already has knowledge of sufficient facts upon which the intended action is based to enable him to frame a complaint, (Matter of La Grave, 132 App. Div. 108; Diefendorf v. Fenn, *615125 id. 651.) The affidavit upon which the order for examination was granted shows that the plaintiff asserts a claim against the defendants for $15,000 which he advanced to the Telluride Beduction Company, for which, on the 1st day of February, 1901, he accepted the…
2Cases cited1 opinion
- In re the Application of La GraveAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by4 opinions
- In re the Moto Bloc Import Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Donnelly v. Anderson Brown & Co.District Court, S.D. New York · 1921
- Loughlin v. WockerAppellate Division of the Supreme Court of the State of New York · 1911
- Hillis v. FergusonNew York Supreme Court · 1915