Sterne v. Metropolitan Telephone & Telegraph Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Simon Sterne, from an order of the Supreme Court, made at-the New York Special'Term and entered in the office of the clerk of tlie county of New York on the 30th day of March, 1897, vacating an order for the examination before trial of the defendant and its officers.
1Opinion of the Court
Parker, J.:
The order vacated by the order appealed from directed the president, secretary and treasurer of the defendant to appear before a referee appointed to take their testimony for use upon the trial of this action, and required them at the same time to produce before such referee for inspection certain of defendant’s books.
The statute expressly authorizes the court to make such an order. Subdivision 7, section 872 of the Code of Civil Procedure is in. ¡Dart as follows : “ And if the party sought to be examined is a corporation, the affidavit shall state the name of the officers or…
2Cases cited1 opinion
- Presbrey v. Public Opinion Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Wright v. Glen Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1906
- New York Cement Co. v. Consolidated Rosendale Cement Co.New York Supreme Court · 1902