Tenoza v. Pelham Hod Elevating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Pelham Hod Elevating Company (improperly sued as The Pelham Hod Elevator Company), from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 8th day of January, 1900, denying its motion to vacate and set aside an order requiring the secretary and other officers of defendant company to submit to an examination before trial.' •
1Opinion of the Court
Hirschberg, J.:
The plaintiff’s intestate was employed by the defendants Golliek and Smith at work on the Arbuckle Sugar Building in the borough of Brooklyn, and was killed by the breaking down of a scaffold. The action was brought to recover damages resulting from his death to his widow and next of kin, and the Pelham Hod Elevating Company is joined with said Golliek and Smith as a party defendant. The action is at issue, the defendant company having interposed a general denial. An order was granted requiring certain of the officers of the company to appear and be examined before trial at the…
2Cases cited4 opinions
- In re NolanNew York Supreme Court · 1893
- Churchman v. MerrittNew York Supreme Court · 1889
- Weston v. ReichNew York Supreme Court · 1888
- Ziegler v. LambAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Watt v. FeltmanAppellate Division of the Supreme Court of the State of New York · 1906
- In re Great Northern Construction Co.New York Supreme Court · 1906