Broome County Farmers' Fire Relief Ass'n v. New York State Electric & Gas Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHeffernan, J.
Pursuant to the provisions of the Civil Practice Act appellant caused to be taken by deposition testimony of one Loomis on the ground that because of his illness it appeared reasonably certain that he would be unable to attend the trial of the action. The testimony thus taken concededly is material and necessary for appellant in its defense.
The witness was sworn and his evidence taken by a stenographer and all the ordinary solemnities of a trial were observed. Shortly after the taking of the deposition and before the stenographer’s minutes were transcribed Loomis died. It is undisputed that…
2Cases cited9 opinions
- Ackerman v. . AckermanNew York Court of Appeals · 1910
- Moot v. . MootNew York Court of Appeals · 1915
- Matter of MooreNew York Court of Appeals · 1888
- Martine v. . LowensteinNew York Court of Appeals · 1877
- Van Son v. HerbstAppellate Division of the Supreme Court of the State of New York · 1926
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3Cited by24 opinions
- People v. RamosNew York Court of Appeals · 1995
- Lambert v. LambertNew York Court of Appeals · 1936
- Chase Watch Corp. v. HeinsNew York Court of Appeals · 1940
- Farmer v. Nostrand Avenue Meat & PoultryAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Estate of PequenoNew York Surrogate's Court · 1941
19 more not listed; retrieve them via the Exa API.