Davis v. Erdmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John F. Erdmann and others, from an order of the Supreme Court, made at the Westchester "Special Term and entered in the office of the clerk of the county of Westchester on the 28th day of January, 1924, granting plaintiff’s motion to compel defendants to submit to an oral examination for the purpose of framing a complaint.
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Appeal by the defendants, John F. Erdmann and others, from an order of the Supreme Court, made at the Westchester "Special Term and entered in the office of the clerk of the county of Westchester on the 28th day of January, 1924, granting plaintiff’s motion to compel defendants to submit to an oral examination for the purpose of framing a complaint. The order directed them to testify concerning any and all acts of the defendants and the occurrences which took place at the White Plains Hospital operating room on the 9th of May, 1918, and while the infant plaintiff was then unconscious.
1Opinion of the Court
Kelby, J.:
Each of the defendants was served with a summons, and the defendants other than Erdmann were at the same time served with a notice of motion. The notice stated that upon the summons issued and upon the petition of Charles Jay Davis, verified the 17th day of January, 1924, the plaintiff would move for an order directing each of the defendants to appear and be examined as adverse parties. Concededly, no copy of the petition was served upon any of the defendants.
The application was made under section 295 of the Civil Practice Act and rule 122 of the Rules of Civil Practice.
The petition…
2Cited by2 opinions
- Cowen v. FinkelAppellate Division of the Supreme Court of the State of New York · 1931
- In re RicheyAppellate Division of the Supreme Court of the State of New York · 1926