Legal Opinion

Goldmark v. Metropolitan Opera-House Co.

New York Supreme Court

Decided February 17, 1893PublishedCited by 3 opinions

Appeal from special term, New York county. Action by Leo Goldmark against the Metropolitan Opera-House Company. From an order denying a motion to suppress a deposition, defendant appeals.

1Per curiam

It is apparent from an examination of the answers of the witness to the cross interrogatories that there was a deliberate refusal to fairly and fully answer the questions propounded; and this, not by way of mistake, but willfully, and with knowledge that the answers were not as full and complete as required. Under these circumstances we think it is the duty of the court to suppress the commission, and to leave the party who desires to avail himself of the testimony of the assignor of his claim to such relief as he may procure upon an application for a new commission at the special term. The…

2Cited by3 opinions

  1. Calhoun v. Commonwealth Trust Co.Appellate Division of the Supreme Court of the State of New York · 1908
  2. Michaelis v. Compania Metalurgica MexicanaAppellate Division of the Supreme Court of the State of New York · 1900
  3. Calhoun v. Commonwealth Trust Co.Appellate Division of the Supreme Court of the State of New York · 1908

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