Legal Opinion

Heine v. Weller

Appellate Terms of the Supreme Court of New York

Decided October 15, 1913PublishedCited by 1 opinion

Appeal by plaintiffs from an order of the City Court of the city of New York granting a motion of defendant to vacate an order for defendant’s examination before trial.

1Opinion of the CourtSeabury, J.

This is an appeal by plaintiffs from an order granting defendant’s motion to vacate an order obtained upon the application of plaintiffs to examine the defendant before trial. The learned court below granted the motion and vacated the order for defendant’s examination because of the denial of the defendant in his answer, and in the affidavit submitted upon the motion of all of the material allegations of the complaint. The fact that a defendant denies the allegations of the complaint does not of itself deprive the plaintiff of a right to examine him before trial, or furnish any legal ground…

2Cases cited2 opinions

  1. Istok v. SenderlingAppellate Division of the Supreme Court of the State of New York · 1907
  2. Straus v. PeckAppellate Terms of the Supreme Court of New York · 1911

3Cited by1 opinion

  1. Bannister v. MurrayAppellate Terms of the Supreme Court of New York · 1915

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