Newman v. Potter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles Potter and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of February, 1922, denying defendants’ motion to vacate an order for the examination of the defendants before trial to enable the plaintiffs to frame their complaint.
1Opinion of the Court
Page, J.:
An order was granted ex parte on the application of the plaintiffs for the examination of the defendants before trial to enable them to frame their complaint, and for that purpose to testify to certain specific facts therein set forth. A motion was made to vacate' the order. The court denied the motion to vacate, but modified the order by striking therefrom the requirement that the defendants be examined as to the specific facts. By striking out the specific facts all limitation upon the examination was removed, thus permitting an unlimited examination of the defendants upon any…
2Cases cited2 opinions
- Grant v. GreeneAppellate Division of the Supreme Court of the State of New York · 1907
- Zurich Genera Accident & Liability Insurance v. Union Ferry Co.Appellate Division of the Supreme Court of the State of New York · 1918
3Cited by10 opinions
- Kenerson v. DavisAppellate Division of the Supreme Court of the State of New York · 1951
- Eagle-Picher Lead Co. v. Mansfield Paint Co.Appellate Division of the Supreme Court of the State of New York · 1922
- East v. Endicott Forging & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1952
- Zakarias v. Radio Patents Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- Flaacke v. PeckAppellate Division of the Supreme Court of the State of New York · 1925
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