Legal Opinion

Lowther v. Sullivan

City of New York Municipal Court

Decided April 15, 1909PublishedCited by 2 opinions

Motion by plaintiff for leave to file nunc pro tunc the papers upon which an order for the taking of defendant’s deposition was granted and a motion by defendant to suppress the deposition.

1Opinion of the CourtFinelite, J.

These are cross motions. The plaintiff moves herein why an order should not be made allowing him to file with the clerk of this court nunc pro tunc a certain affidavit verified on the 27th of May, 1907, the order dated May 28, 1907, g~anted by one of the justices of this court upon such affidavit; which order directed the defendant to appear before said justice, to be examined at Special Term, Chambers thereof, at the court house, on the 4th day of June, 1907, pursuant to the provisions of article I of title 3, chapter 9, of the Code of Civil Procedure, together with the examination taken in…

2Cases cited3 opinions

  1. Faith v. Ulster & Delaware RailroadAppellate Division of the Supreme Court of the State of New York · 1902
  2. Israel v. IsraelAppellate Division of the Supreme Court of the State of New York · 1899
  3. MacDonald v. GarrisonNew York Court of Common Pleas · 1859

3Cited by2 opinions

  1. Anna McNally, Inc. v. ChapinAppellate Division of the Supreme Court of the State of New York · 1921
  2. Bakal v. S. Rosenfelder & Son, Inc.City of New York Municipal Court · 1933

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