Metera v. Foster Paving Block Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from an order of the Supreme Court, made at the Broome Special Term and entered in the Broome county clerk’s office on the 12th day of March, 1915, requiring an examination of two of its officers before trial and an examination of one Rover, plaintiff’s electrical expert, at the defendant’s plant, and he, the plaintiff’s counsel and the referee to be permitted to make an examination of the plant.
1Opinion of the Court
Kellogg, J.:
The right to examine a witness or party before trial is a statutory right, and to obtain it the statutory provisions must be complied with. The Special Term has no power to grant the original order; itmust be made by a judge. (Code Civ. Proc. § 873; Heishon v. Knickerbocker Life Ins. Co., 77 N. Y. 278; Wiechers v. New Home Sewing Machine Co., 38 App. Div. 1; Weinstock v. Hallenbeck, 163 id. 966.)* The order was, therefore, improperly granted at Special Term. We may state that the papers do not sufficiently show the necessity for the examination of the witness Rover and do not…
2Cases cited3 opinions
- Heishon v. . Knickerbocker Life Insurance Co.New York Court of Appeals · 1879
- Wiechers v. New Home Sewing Machine Co.Appellate Division of the Supreme Court of the State of New York · 1899
- In re LowAppellate Division of the Supreme Court of the State of New York · 1915