Dreyfus v. Bernhard
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Ella Dreyfus against Henry Bernhard, as executor. Plain tiff procured an order for the examination of defendant, and for an inspection of his books and papers. On motion to vacate the same the order was modified, and otherwise the motion was denied, and defendant appeals.
1Opinion of the Court
The following is the opinion of the court below (SCOTT, J.):
I think that the plaintiff makes out prima facie a cause of action. It is true that she is not sufficiently well informed as to all the facts to enable her to properly frame a complaint, but it is for that very reason that she should be permitted to examine the defendants. In the very nature of the case, the plaintiff cannot state her cause of action with greater particularity. The precise facts which she needs to know are peculiarly within the knowledge of the defendants, and they have refused her any information concerning them. I…
2Cases cited1 opinion
- Greene v. CareyNew York Supreme Court · 1894