Beach ex rel. Beach v. Mayor of New York
New York Supreme Court
Appeal from an order of the Special Term denying a motion of the plaintiff to vacate an order of examination under sections 870, 872, 873 and 874 of the Code of Civil Procedure.
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Appeal from an order of the Special Term denying a motion of the plaintiff to vacate an order of examination under sections 870, 872, 873 and 874 of the Code of Civil Procedure. The application for the order of examination was made upon the following affidavit: -, being duly sworn, says: That he is an attorney and counsellor at law, and employed in the office of the counsel to the corporation; that this action is brought to recover the sum of $5,000, on account of sundry injuries, which plaintiff alleges he sustained while riding or driving through Ninth avenue between 55th and 56th streets…
1Opinion of the Court
Davis, P. J.:
To entitle a party to an action to examine another party thereto, or a person not a party, before trial, it is required by section 872 of the Code of Civil Procedure, that the person desiring to make such examination, present to one of the judges named in such section, an affidavit setting forth as follows, names and residences of all the parties in the action, and whether or not they have appeared, and if either of them have appeared by attorney, the name, residence and office address of the attorney, the nature of the action and the substance of the cause .of action and the…
2Cited by5 opinions
- Golin v. Town of MooersNew York Supreme Court · 1889
- Fogg v. FiskNew York Supreme Court · 1883
- Adams v. CavanaughNew York Supreme Court · 1885
- Ball v. Evening Post Publishing Co.New York Supreme Court · 1886
- Golin v. Town of MooersNew York Supreme Court · 1889