Friedman v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central Railroad Company, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 28th day of April, 1923, denying its motion to vacate certain notices of the taking of depositions of certain witnesses who are employees of the appellant.
1Opinion of the Court
Jaycox, J.:
’ The plaintiff sues to recover damages resulting from the death of plaintiff’s intestate, alleged to have been caused by the negligence of the defendant. Plaintiff served notices that he desired to take the depositions of four firemen employed by the defendant. The defendant thereupon moved to vacate these notices. The motion was denied and the present appeal is from the order entered upon such denial.
Section 288 of the Civil Practice Act, so far as material, reads as follows:
“ § 288. Testimony by deposition during pendency of action and before trial. Any party to an action in a…
2Cited by9 opinions
- Seaboard Air Line Railroad Company v. FordSupreme Court of Florida · 1956
- Victor G. Bloede Co. v. J. P. Devine Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Masciarelli v. Delaware & Hudson RailroadNew York Supreme Court · 1942
- Enequist v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1926
- Cameron v. Rochester & Syracuse RailroadNew York Supreme Court · 1925
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