Voicly v. Aiello
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from an order of the City Court of the city of Hew York, granting the plaintiff’s motion to reopen an examination of the defendants before trial and appointing a referee to take their further testimony.
1Opinion of the CourtGiegerich, J.
The order appealed from directed that an examination of the defendants before trial, theretofore had, be reopened, and that the defendants be examined concerning further matters specified in the order, and that, for that purpose, they appear before an attorney-at-law designated in the order and who was thereby appointed a referee to' take their deposition.
The appellants urge that the action is in equity and that the City Court of the city of Mew York was consequently without jurisdiction of the action and had no power to make any order for the examination of the defendants. Before such an…
2Cases cited2 opinions
- Smith v. . BodineNew York Court of Appeals · 1878
- Hart v. L. D. Garrett Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Gedney v. PlantenAppellate Terms of the Supreme Court of New York · 1915