Legal Opinion

In re the Application of La Grave

Appellate Division of the Supreme Court of the State of New York

Decided April 30, 1909PublishedCited by 3 opinions

Appeal by the petitioner, Sophie Marcháis La Grave, 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 3d day of December, 1908.

1Opinion of the Court

Burr, J.:

This is an appeal from an order vacating and setting aside an order which directed the respondent, John F. Hylan, to appear and be examined concerning matters involved in an action about to be brought by Sophie Marcháis La Grave against the said John F. Hylan and others. The deposition of a person against whom an action is about to be brought may be obtained at the instance of the person intending to bring such action for the purpose of framing the complaint therein. (Code Civ. Proc. § 870; Merchants' Nat. Bank v. Sheehan, 101 N. Y. 176.) The deposition of a party to an action which…

2Cases cited3 opinions

  1. Merchants' National Bank v. . SheehanNew York Court of Appeals · 1886
  2. Diefendorf v. FennAppellate Division of the Supreme Court of the State of New York · 1908
  3. In re La GraveAppellate Division of the Supreme Court of the State of New York · 1908

3Cited by3 opinions

  1. Thompson v. HaighAppellate Division of the Supreme Court of the State of New York · 1909
  2. In re SloboderNew York Supreme Court · 1911
  3. Hillis v. FergusonNew York Supreme Court · 1915

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