El Tazi v. Stein
New York Supreme Court
Appeal from special term, New York county. Action by Abdel Wahed El Tazi against Abraham Stein and Samuel T. Preston. Defendant Stein appeals from an order denying his motion to vacate an order previously made for his examination before trial, upon the ground that the sole object of such order was to obtain the production and examination of defendants’ books of account. Code Civil Proc. If.
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Appeal from special term, New York county. Action by Abdel Wahed El Tazi against Abraham Stein and Samuel T. Preston. Defendant Stein appeals from an order denying his motion to vacate an order previously made for his examination before trial, upon the ground that the sole object of such order was to obtain the production and examination of defendants’ books of account. Code Civil Proc. If. Y. § 870, provides: “The deposition of a party to an action pending in a court of record * * * may be taken at his own instance, or at the instance of an adverse party, or of a co-plaintiff or…
1Opinion of the CourtDaniels, J.
It is reasonably clear from the affidavits that the chief object for requiring the examination of the defendant, as a witness before the trial, is to oblige him to produce the books and correspondence of the defendants. It has been intimated in some cases that this proceeding may be authorized under the provisions of the Code of Civil Procedure for the examination of a party at the instance of his adversar)', before the trial. People v. Dyckman, 24 How. Pr.222; McGuffin v. Dinsmore, 4 Abb. N. C. 241. But, as the Code and the rules of practice have specially prescribed other proceedings for…
2Cases cited3 opinions
- McGuffin v. DinsmoreThe Superior Court of New York City · 1878
- Hauseman v. SterlingNew York Supreme Court · 1872
- De Bary v. StanleyNew York Court of Common Pleas · 1874