Wallenstein v. Desser
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Herman Wallenstein against Sol. Desser. From an order denying a motion to vacate an order directing an examination of plaintiff before trial, plaintiff appeals. Modified and affirmed.
1Opinion of the CourtBijur, J.
Plaintiff sues for damages for breach of a contract of employment.
[1] There are three affirmative allegations by way of defense and counterclaim, respectively: (1) Payment. (2) That the contract was different from the one alleged in the complaint. (3) An account stated. It is evident as to substantially all of this matter that “the testimony desired really relates to a material issue that must be proved by the party making the application upon the trial of the action.” Ehrich v. Root, 122 App. Div. 719, 107 N. Y. Supp. 846.
[2] While it might ordinarily be said that the allegation in the…
2Cases cited6 opinions
- Oakes v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1907
- H. G. Vogel Co. v. George Backer Construction Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Lawson v. HotchkissAppellate Division of the Supreme Court of the State of New York · 1910
- Weeks v. WhitneyAppellate Division of the Supreme Court of the State of New York · 1911
- Ehrich v. RootAppellate Division of the Supreme Court of the State of New York · 1907
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