Legal Opinion
Ricker v. Daniels
Appellate Division of the Supreme Court of the State of New York
Decided March 30, 1942PublishedCited by 4 opinions
1Per curiam
In an action by an administratrix to recover damages for the death of her intestate, defendant appeals from an order striking out his answer and directing that the cause be set down for an assessment of damages because defendant failed to sign, swear to, and return to plaintiff his deposition on an examination before trial.
A party who willfully refuses to obey an order of the court for his examination before trial on material matters is guilty of a suppression of evidence. (Feingold v. Walworth Bros., Inc., 238 N. Y. 446; People v. Henriques & Co., 267 id. 398.) For such disobedience the…
2Cases cited3 opinions
- Feingold v. . Walworth Bros., Inc.New York Court of Appeals · 1924
- Broome County Farmers' Fire Relief Ass'n v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1933
- Broome County Farmers' Fire Relief Ass'n v. New York State Electric & Gas Corp.New York Court of Appeals · 1934
3Cited by4 opinions
- Fischer v. City of New YorkNew York Supreme Court · 1955
- Aaron v. St. Peter's HospitalNew York Supreme Court · 1960
- Sloan v. SloanNew York Supreme Court · 1968
- Diriwachter v. OwensNew York Supreme Court · 1949