Duffy v. Consolidated Gas Co.
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Alice Duffy, as administratrix, etc.,' of Nicholas Duffy, deceased, and by -the defendant, the Consolidated Gas Company of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the cleik of the county of New York on the ¿1st. day of January, 1901, denying a motion to vacate an order for the examination before trial of the defendant and its officers,,and limiting the scope of the…
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Cross-appeals by the plaintiff, Alice Duffy, as administratrix, etc.,' of Nicholas Duffy, deceased, and by -the defendant, the Consolidated Gas Company of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the cleik of the county of New York on the ¿1st. day of January, 1901, denying a motion to vacate an order for the examination before trial of the defendant and its officers,,and limiting the scope of the examination to certain particulars.
1Opinion of the Court
Van Brunt, P. J.:
It does not- seem, to be in harmony with the provisions of the Code in regard to discovery, that in this proceeding the books of a corporation can be produced for the purpose of inspection by the adverse party. It is true that the 7th subdivision of section 872 of the Code speaks of an examination and inspection of books; but it is clear, in view of the other provisions of the Code in regard to the discovery of books and papers, that this was infelicitous language, and that all that the provision was intended for was to compel the production of the books of a corporation,…
2Cited by7 opinions
- Gee v. PendasAppellate Division of the Supreme Court of the State of New York · 1903
- Mauthey v. Wyoming County Co-Operative Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
- Rosenbaum v. RiceNew York Supreme Court · 1901
- In re the Application for an Examination of SayreAppellate Division of the Supreme Court of the State of New York · 1902
- Wagner v. Haight & Freese Co.New York Supreme Court · 1903
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