Legal Opinion

Lane v. . Fenn

New York Court of Appeals

Decided March 2, 1909PublishedCited by 1 opinion

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 6; 1909, which affirmed an order of Special Term denying a motion to set aside an order for the examination of certain of the defendants before trial.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 6; 1909, which affirmed an order of Special Term denying a motion to set aside an order for the examination of certain of the defendants before trial. Also appeal, by permission, from an order of said Appellate Division, entered January 27, 1909, which affirmed an order of Special Term denying a motion by defendants for judgment on the pleadings dismissing the complaint under section 547 of the Code of Civil Procedure. The following questions were certified on…

1Opinion of the Court

Order affirming order denying motion to vacate order for examination affirmed, with costs, and first question certified answered in the affirmative. The other questions not answered, as they present questions of discretion, not of law.

Order affirming order denying motion for judgment on the pleadings affirmed, with costs, and question certified answered in the affirmative; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Vann, Werner, Willard Bartlett and Hiscock, JJ.

2Cited by1 opinion

  1. Realty Associates v. HoageAppellate Division of the Supreme Court of the State of New York · 1910

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