In re Van Nostrand
New York Supreme Court
Appeal from special term, New York county. Application for the examination of Charles B. Van Nostrand, to enable affiant to prepare his complaint in an action to be brought by him. From an order denying a motion to vacate an order for the examination, said Van Nostrand appeals.
1Opinion of the CourtParker, J.
The affidavit upon which the order is based, authorizing the examination of Van Nostrand for the alleged purpose of enabling the affiant to prepare his complaint in an action to be brought by him, is fatally defective, in that it fails to support the allegations made upon information and belief by the affidavit ■of deponent’s informant, or by assigning a reason for not producing such affidavit, and presenting, instead, the statements made by him to the affiant. From the affidavit it appears that the information which persuaded the affiant to make it was obtained from •one MacDonald, and an…
2Cited by9 opinions
- In Re Trust of LuntSupreme Court of Iowa · 1944
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- Butler v. DukeNew York Supreme Court · 1902
- Cook v. New Amsterdam Real-Estate Ass'nNew York Supreme Court · 1895
- New York Press Club v. LoydThe Superior Court of the City of New York and Buffalo · 1895
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