Curran v. Oppenheimer
Appellate Division of the Supreme Court of the State of New York
' Appeal by the plaintiff, Robert I. Curran, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 12th day of January, 1911, as resettled by an order entered on the 8th day of February, 1911, vacating an order for the examination of the defendant Oppenheimer before trial.
1Opinion of the Court
Dowling, J.:
The order for the examination of the defendant Oppenheimer was made upon affidavits showing the necessity and materiality of the matters upon which examination was sought, not' only in support of the allegations of the complaint, and to disclose proof relevant thereto, but to avoid an alleged defense set up by Oppenheimer, who alone has been served with the summons herein. It also is averred that the plaintiff intends to use the testimony thus elicited upon the trial of the action. Defendant resists this examination for the reason, among others, that lie has made certain…
2Cited by2 opinions
- Tisdale Lumber Co. v. DrogeAppellate Division of the Supreme Court of the State of New York · 1911
- Curran v. OppenheimerAppellate Division of the Supreme Court of the State of New York · 1914