Legal Opinion
Duncan v. Jacobson
New York Supreme Court
Decided September 10, 1946PublishedCited by 5 opinions
1Opinion of the CourtPecora, J.
Motion to examine plaintiff before trial is granted. Plaintiff urges that since he is a resident of the State of Illinois, the examination if granted should be upon written interrogatories. It is true that courts have taken into consideration the probable hardship in requiring a nonresident to come to this State for examination, and have in such cases relegated the party asking for the examination to the remedy of taking the deposition by written interrogatories (see Probst v. Frenkel, 240 App. Div. 504). This is particularly true where the party sought to be examined is a defendant and has…
2Cases cited6 opinions
- Probst v. FrenkelAppellate Division of the Supreme Court of the State of New York · 1934
- Fitzgerald v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1941
- Wiesenberg v. KosterNew York Supreme Court · 1938
- Berwin v. NewmanAppellate Division of the Supreme Court of the State of New York · 1944
- Wiesenberg v. KosterAppellate Division of the Supreme Court of the State of New York · 1938
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3Cited by5 opinions
- Marine Midland National Bank of Troy v. HoustonAppellate Division of the Supreme Court of the State of New York · 1968
- Kinney v. First Baptist Church, New York County Courts1965
- Allen v. Crowell-Collier Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1969
- Kolar v. RusieckiAppellate Division of the Supreme Court of the State of New York · 1962
- Nardelli v. StamAppellate Division of the Supreme Court of the State of New York · 1961