Blum v. Rosenbaum
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order of the Special Term of the City Court of the city of New York denying plaintiff’s motion to vacate and set aside an ex parte order for examination of plaintiff before trial.
1Opinion of the CourtLehman, J.
I do not think that the order appealed from is in any way in conflict with the principles laid down in the opinion in the case of Kornbluth v. Isaac, 149 App. Div. 108. In that case the plaintiffs had brought an action for fraud which the defendants denied under oath; yet in spite of this denial under oath, and the presumption that the defendants would not testify in court in contradiction of their denial under oath, I denied the motion to vacate an order for the examination of the defendants before trial. In my opinion in that case I attempted to review the earlier decisions of the various…
2Cases cited1 opinion
- Kornbluth v. IsaacsAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- Bannister v. MurrayAppellate Terms of the Supreme Court of New York · 1915