In re Weil
Appellate Division of the Supreme Court of the State of New York
Appeal by Jacob P. Solomon from an order of the Supreme Court, made at the Kings County Special Term, bearing date the 8tli day of December, 1897, and entered in the office of the clerk of the county of Kings denying the appellant’s motion to vacate an order obtained by the respondent for the appellant’s examination before the bringing of the action. ■ ;
1Opinion of the Court
Woodward, J..:
Section 871 of the Code of Civil Procedure provides that the “ deposition of a person not a party, whose testimony is material and necessary to a party to an action, pending in a court of record, * * * or to a person who expects to be a party to an action about to be brought in such a court, by a person other than the person to be examined, may also be taken, as prescribed in this article.” It appears from the affidavits that the respondent, as the assignee of certain claims for labor performed for the Hebrew Standard, of which the appellant is the editor, has on two several…
2Cases cited1 opinion
- Merchants' National Bank v. . SheehanNew York Court of Appeals · 1886
3Cited by11 opinions
- Lauffer v. Easter Star TempleAppellate Division of the Supreme Court of the State of New York · 1924
- Peterman v. SchpelmanAppellate Division of the Supreme Court of the State of New York · 1948
- In re WeissNew York Supreme Court · 1955
- In re the Moto Bloc Import Co.Appellate Division of the Supreme Court of the State of New York · 1910
- In re the Estate of PequenoNew York Surrogate's Court · 1941
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