Muller v. Levy
New York Supreme Court
Appeal from special term. New York county. Defendants appeal from an order denying motion to vacate an order for the-examination of the defendant Bernard Levy before trial.
1Opinion of the CourtBartlett, J.
When a plaintiff for the purpose of framing his complaint obtains an order for the examination of a defendant before trial, he must establish by affidavit the existence of a cause of action in his behalf. We have-recently had occasion frequently to enforce this rule, and must reiterate it once more in the case at bar. The affidavit upon which the order for the examination of the defendant Bernard Levy was granted does not state facts sufficient to show that a cause of action exists in favor of the plaintiff. The only averments which it contains tending to establish a cause of action are…
2Cited by12 opinions
- In re E. & H. T. Anthony & Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Boskowitz v. SulzbacherAppellate Division of the Supreme Court of the State of New York · 1907
- Butler v. DukeNew York Supreme Court · 1902
- In re Great Northern Construction Co.New York Supreme Court · 1906
- Merritt v. WilliamsonAppellate Division of the Supreme Court of the State of New York · 1898
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