Block v. Pross
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Christina Pross and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 18th day of June, 1917, denying their motion to vacate an order for their examination before trial.
1Per curiam
The order, in so far as it directs an examination of the defendants, may be affirmed. (Shonts v. Thomas, 116 App. Div. 854.) But in so far as it requires the defendants to produce and to impound with the clerk “ any paper writings or instruments to base a written claim of title on,” it must be modified by strildng out that requirement, for the remedy, if any, is by subpoena duces tecum. (Thayer v. Schley, 58 Misc. Rep. 352, per Leventritt, J., citing Matter of Sands, 98 App. Div. 148, and other cases.)
The order should be modified further by striking out the apparent requirement that the…
2Cases cited3 opinions
- Shonts v. ThomasAppellate Division of the Supreme Court of the State of New York · 1907
- In re SandsAppellate Division of the Supreme Court of the State of New York · 1904
- Thayer v. SchleyNew York Supreme Court · 1908