In re Sloboder
New York Supreme Court
Motion to vacate order for the examination of one Samuel Karger, who is expected to be made a party-defendant in the action. The opinion states the material facts.
1Opinion of the CourtGiegerich, J.
While it is held in the case of Merchants National Bank v. Sheehan, 101 N. Y. 176, that the court has jurisdiction to grant an examination of a person before action brought upon the application of one who is about to bring an action against him, it is said in the same case that it- would rarely happen that the. granting of such an order would promote justice. No sufficient reason is shown in the present case why the privilege of such an examination should be granted before an action is commenced.
According to the affidavit of the applicant, upon which' the order for the examination of S'amuel…
2Cases cited2 opinions
- Merchants' National Bank v. . SheehanNew York Court of Appeals · 1886
- In re the Application of La GraveAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Hillis v. FergusonNew York Supreme Court · 1915