Rogers v. Adler
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gnstavus.A. Rogers, from an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 19th day of January, 1910, denying the plaintiff’s motion to vacate an order for his examination before trial.
1Opinion of the Court
McLaughlin, J.:
This action is brought to recover for work, labor and services of an attorney and broker in procuring a person ready, willing and able to take an assignment from the defendant of a lease of real estate in the city of Hew York. The answer is a general denial. After issue had been joined the defendant moved, upon an order to show cause, for the examination of the plaintiff before trial. The motion was granted and plaintiff appeals.
There seems to be a growing tendency in favor of such examinations, to the end that justice may be promoted by'preventing surprises at the trial and…
2Cases cited1 opinion
- Ehrich v. RootAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- Lawson v. HotchkissAppellate Division of the Supreme Court of the State of New York · 1910
- Bernstein v. SolomonAppellate Division of the Supreme Court of the State of New York · 1910