Bernstein v. Solomon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Yetta Bernstein, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of July, 1910, denying the plaintiff’s motion to vacate an order for the examination of a witness before trial.
1Opinion of the Court
McLaughlin, J.:
Appeal from an order denying a motion to vacate an ex parte order obtained by the respondent for the examination before trial of plaintiff’s assignor.
The complaint alleges, in substance, that in January, 1900, one Max Bernstein was the owner of certain described premises in Kings county and he made an agreement with the individual defendants whereby they were to advance money for the erection of buildings upon the property, and the income therefrom and the profits when the buildings were sold were to be divided among them equally ; that in August, 1900, it was further agreed…
2Cases cited1 opinion
- Rogers v. AdlerAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- Scheff v. LewisAppellate Division of the Supreme Court of the State of New York · 1920
- Bernstein v. SolomonAppellate Division of the Supreme Court of the State of New York · 1910
- Rudini v. North British & Mercantile InsuranceCity of New York Municipal Court · 1915