Eagle-Picher Lead Co. v. Mansfield Paint Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mansfield Paint Co., Inc., from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Broome on the 4th day of January, 1922, denying defendant’s motion to vacate and set aside the examination of the defendant before trial.
1Opinion of the Court
Van Kiek, J.:
The summons in this action was served and the action begun in August, 1921. An amended complaint was served in October, 1921, and an amended answer in December, 1921. On December 17,1921, upon the pleadings and the affidavit of one of the attorneys for the plaintiff, an order was granted, without notice, directing that the defendant be examined as an adverse party, by and through its secretary, Claude S. Wilson, and his deposition be taken pursuant to the provisions of the Code of Civil Procedure and the Civil Practice Act applicable thereto, by a referee named in the order and…
2Cases cited1 opinion
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
3Cited by11 opinions
- Combes v. MaasAppellate Division of the Supreme Court of the State of New York · 1924
- Wertheim v. GrombeckerAppellate Division of the Supreme Court of the State of New York · 1930
- Klapp v. MerwinNew York Supreme Court · 1924
- In re the Appointment of a Committee of the Person & Property of BermanAppellate Division of the Supreme Court of the State of New York · 1964
- Bray v. JevonsAppellate Division of the Supreme Court of the State of New York · 1925
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