Naab v. Stewart
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Kathrina Kaab, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 5th day of April, 1898, denying her motion to vacate an order obtained by the defendant for her examination, before trial, and for her physical examination by a physician.
1Opinion of the Court
Woodward, J.:
This action, brought to recover for personal injuries alleged to have been' sustained by the plaintiff through the negligence of the defendant, involves, so far as this appeal is concerned, the question of the right of the defendant, under his papers, to examine the plaintiff before the trial. The complaint alleges that the defendant is the landlord of certain premises in the borough of Brooklyn, city, of Hew York, and that “on or about January 6, 1898, and for a long time prior thereto, the defendant knowingly, willfully, wrongfully and negligently, kept and maintained the…
2Cases cited3 opinions
- Seymour v. SeymourNew York Court of Chancery · 1820
- Carroll v. CarrollNew York Supreme Court · 1851
- St. Clair Paper Manufacturing Co. v. BrownAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
- Dudley v. New York Filter Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Campbell v. Joseph H. Bauland Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Higgins v. New York Dock Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Dudley v. New York Filter Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Naab v. StewartAppellate Division of the Supreme Court of the State of New York · 1898