Weston v. Reich
New York Supreme Court
Appeal from special term, Kings county. Sugar M. Cullen, Justice. Action brought by Abijah Weston and another against Lorenz Reich to foreclose a mechanic’s lien. Plaintiffs procured an order requiring defendant to be examined before trial, and from an order denying defendant’s motion to vacate such order defendant appeals.
1Opinion of the CourtDykman, J.
This is an appeal from an order denying a motion to vacate an order for the examination of the defendant before trial. The action is for the foreclosure of a mechanic’s lien for building material. The answer of the defendant, Lorenz Reich, whom the plaintiffs desire to examine, admits the delivery of the lumber substantially in accordance with the allegation of the plaintiffs’ complaint, and in the affidavit presented for the procurement of the order the attorney says the testimony of the defendant is necessary and material for the plaintiffs in the prosecution of this action, and the reason…
2Cited by5 opinions
- Golin v. Town of MooersNew York Supreme Court · 1889
- De Lacy v. WalcottThe Superior Court of the City of New York and Buffalo · 1891
- Tenoza v. Pelham Hod Elevating Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Bandmann v. JonesNew York Supreme Court · 1889
- Fluchtwanger v. DessarNew York Supreme Court · 1889