Shonts v. Thomas
Appellate Division of the Supreme Court of the State of New York
- Appeal by the defendants, Edward R. Thomas and others, from - an order of the Supreme. Court, made at1 the Orange Special Term and entered in the office of the clerk of the county of Kings on the 20th day of December, .1906, denying a motion, to vacate an order to take the deposition of the defendants before trial;
1Opinion of the Court
Gaynor, J.:
By sections 870, et-seq., of the Code of Civil Procedure a party to an action is given the right to take the deposition of an- adversé. party before or during the trial. Section 872 prescribes what, the affidavit on which an order for suelv an- examination is asked for must. contain. Subdivision 4 thereof requires that the ■ affidavit “ set forth ” that the testimony of the person to he exaniined “ is material and necessary for the party making such application, or the prosecution or defense of such action, and if.-the action is to recover" damages for personal injuries, that the…
2Cases cited1 opinion
- Goldmark v. U. S. Electro-Galvanizing Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by15 opinions
- Dunbar & Sullivan Dredging Co. v. StateNew York Court of Claims · 1940
- Terry v. Ross Heater & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Cherbuliez v. ParsonsAppellate Division of the Supreme Court of the State of New York · 1908
- Richards v. WhitingAppellate Division of the Supreme Court of the State of New York · 1908
- Loewy v. GordonAppellate Division of the Supreme Court of the State of New York · 1908
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