Bender v. Bork
New York Supreme Court
Motion to vacate an order granted ex parte for the examination of Moses Shire, a party to the action, before trial, pursuant to sections 870 to 873 of the Code of Civil Procedure.
1Opinion of the CourtWheeler, J.
The counsel for Mr. Shire contends that the order for his examination was improvidently granted and should he vacated, on the ground that tbe moving papers made out no case warranting the order for examination.
Counsel for Mr. Shire also read an affidavit to the effect that Mr. Shire will be personally present at the trial to testify on his own behalf.
*296The cases are quite uniform in holding that the fact that a witness, or a party, will attend the trial of an action is no answer to the application for an examination of such person under the provisions of sections 870, 872, 873. Goldmark v. U.…
2Cases cited4 opinions
- Matter of DaviesNew York Court of Appeals · 1901
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Goldmark v. U. S. Electro-Galvanizing Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Commercial Publishing Co. v. BeckwithAppellate Division of the Supreme Court of the State of New York · 1901