Vincent v. Kilmer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jonas M. Kilmer, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Broome on the 6th day of June, 19.05, denying the defendant’s motion to vacate an order theretofore made by a justice of the Supreme Court, by which one Shellman was directed to appear before a referee and be examined as a witness on behalf of the plaintiff.
1Opinion of the Court
Parker, P. J.:
The affidavit upon which the judge’s order of May 29, 1905, requiring Dr. Shellman to- be examined as a witness on the part of the plaintiff in this action, was made by the plaintiff’s attorney, who claimed the right to such an examination under, the provisions' of section 872 of the Code of Civil Procedure, and stated that the action was brought to recover damages for injuries sustained by the plaintiff on February 11,1904, through the negligent acts of the defendant ; that one Arthur P. Shellman, then a resident of Binghamton, in this State, was a physician and surgeon, and…
2Cases cited2 opinions
- In re Van NostrandNew York Supreme Court · 1894
- New York Press Club v. LoydThe Superior Court of the City of New York and Buffalo · 1895