Zeggio v. Robinson
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by Helen R. Zeggio and another against Duryea E. Robinson and others. From an order of Special Term denying defendants’ motion to open default, they appeal.
1Per curiam
Except in a case specified in subdivision 3 of section 888 of the Code of Civil Procedure, an application for a commission to take the deposition of a witness without the state “must be granted, upon satisfactory proof of the facts authorizing it, unless the court or judge has reason to believe, that the application is not made in good faith.” Section 889, Code of Civil Procedure; Oakes v. Riter, 118 App. Div. 772, 103 N. Y. Supp. 849. Laches furnishes sufficient reason to deny a stay of the trial of the action pending a *1105return of the commission, but is not of itself sufficient to justify a…
2Cases cited1 opinion
- Oakes v. RiterAppellate Division of the Supreme Court of the State of New York · 1907