Turk v. H. Koehler & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, H. Koehler & Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on. the 28th day of February, 1911, denying a motion to vacate an order for the examination of the defendant before trial.
1Opinion of the Court
Dowling, J. :
Plaintiff obtained an order for the examination before trial of defendant, a domestic corporation, in an action brought to recover damages claimed to be due to the carelessness, negligence and improper conduct of defendant in its maintenance of certain premises owned by it in the city of New York, the particular question to which the examination was directed *54being defendant’s ownership of the premises. The affidavit upon which the order was based did not give the name of any • officer of defendant whose examination was sought, nor did the order name such person. Section 872,…
2Cited by2 opinions
- Conn v. William Hengerer Co.New York Supreme Court · 1934
- Todd v. Silk Ass'n of AmericaCity of New York Municipal Court · 1917