Kessler v. North River Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, North River Realty 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 1st day of September, 1915, denying its motion to vacate an order for its examination before trial.
1Opinion of the Court
Scott, J.:
The action is by a tenant against the owner of a tenement house for damages suffered in consequence, as it is alleged, of the negligence of defendant in permitting a stair carpet to become worn and dangerous.
The order sought to be vacated requires the examination of defendant, by four of its officers, as to all the issues in the action, and also calls for the production of certain papers and documents. This order is too broad and requires modification. The defendant, however, insists that it should be vacated absolutely. This contention is based mainly upon the erroneous supposition…
2Cases cited2 opinions
- Wood v. Charles W. Hoffman Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Oakes v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by9 opinions
- Shaw v. Samley Realty Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Parker v. BurgoyneCity of New York Municipal Court · 1938
- Preiss v. O'DonohueAppellate Division of the Supreme Court of the State of New York · 1916
- Schonhous v. WeinerNew York Supreme Court · 1930
- Palmer v. HamptonCity of New York Municipal Court · 1927
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