Matter of N. Dain's Sons Company
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 13, 1911, which reversed an order of Special Term denying a motion to vacate an order for the examination of the respondent herein as an expected party to an action.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 13, 1911, which reversed an order of Special Term denying a motion to vacate an order for the examination of the respondent herein as an expected party to an action. The following question was certified: “Whether sections 810 et seq. of the Code of Civil Procedure authorize the examination of a proposed party to an action not yet begun for the purpose of obtaining facts upon which to frame a complaint.”
1Opinion of the Court
Order affirmed, with costs, and question certified answered in the negative on opinion of Miller, J., in Matter of Schlotterer (105 App. Div. 115).
Concur: Cullen, Ch. J., Haight, Vann, Werner, Willard Bartlett, Chase and Collin, JJ.
2Cases cited1 opinion
- In re SchlottererAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Lauffer v. Easter Star TempleAppellate Division of the Supreme Court of the State of New York · 1924
- Jonas v. Superior CourtCalifornia Court of Appeal · 1934
- Packer v. HartAppellate Division of the Supreme Court of the State of New York · 1919