J. J. Spurr & Sons, Inc. v. Empire State Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Empire State Surety Company, 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 October, 1907, vacating a prior order and resettling interrogatories.
Read the full summary
Appeal by the defendant, the Empire State Surety Company, 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 October, 1907, vacating a prior order and resettling interrogatories. On the 3d day of September, 1907, the defendant Empire State Surety Company served notice of motion for a commission to take the testimony of certain witnesses of the defendant in Newark,' N. J., upon written interrogatories. Said motion was argued on the 9th day of September, 1907, and was granted by Mr. Justice…
1Opinion of the Court
Rich, J.:
This appeal is taken from an order of the Special Term vacating an order of Mr. Justice Abbott settling interrogatories annexed to a deposition to be taken without the State. ■ The appellant contends that in granting this order the learned justice at Special Term passed in review upon the action of another justice, and that his action in sustaining the objections interposed by the plaintiff to defendant’s direct interrogatories was unauthorized. The motion to vacate was not based upon the ground that the settlement was the result of “mistake, inadvertence, surprise-or excusable…
2Cases cited4 opinions
- Platt v. New York & Sea Beach Railway Co.New York Court of Appeals · 1902
- Wanamaker v. . MegrawNew York Court of Appeals · 1901
- In re WhiteAppellate Division of the Supreme Court of the State of New York · 1905
- Columbia Mutual Building & Loan Ass'n v. MittnachtAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Jones v. JonesNew York Supreme Court · 1955