Cook v. New Amsterdam Real-Estate Ass'n
New York Supreme Court
Appeal from special term, Westchester county. Action by Oliver W. Cook against the New Amsterdam Real-Estate Association and the Albany National Blank to foreclose a mortgage. From an order denying a motion to vacate an order directing plaintiff’s examination before trial, plaintiff appeals. Reversed.
1Opinion of the CourtBrown, P. J.
The affidavit upon which the order for the plaintiff’s examination was granted was defective in not showing the materiality of the plaintiff’s testimony to the knowledge of the attorney who made the affidavit, or stating the source of' the attorney’s information, and the reason for not producing the affidavit of his informant. The affidavit states that issue had been joined in the action by the service of an answer by the Albany Bank, but it does not state the nature of the defense. It states that the attorneys had been informed that the mortgage was not a bona fide mortgage; that it was not…
2Cases cited1 opinion
- In re Van NostrandNew York Supreme Court · 1894
3Cited by2 opinions
- Hunt v. SullivanAppellate Division of the Supreme Court of the State of New York · 1902
- Hunt v. SullivanAppellate Division of the Supreme Court of the State of New York · 1903