In re Schlotterer
Appellate Division of the Supreme Court of the State of New York
Appeal by the Brooklyn and Hew York Ferry Company and another from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 17th day of March, 1905, denying the appellants’ motion to vacate an order theretofore granted in the proceeding for their examination for the purpose of enabling the petitioner to frame a complaint in an action against the said corporations.
1Opinion of the Court
Miller, J.:
The respondent has obtained an order for the examination of two corporations for the purpose of enabling her to frame a complaint in an action which she alleges she is about to bring against said corporations, and from the order of the Special Term denying the motion to vacate said order this appeal is taken. No claim is made that the examination is desired for the purpose of perpetuating testimony, and the appellants insist that section 870 et seg. of the Code of Civil Procedure do not authorize the examination of a party before action brought except for the sole purpose of…
2Cases cited4 opinions
- Glenney v. . StedwellNew York Court of Appeals · 1876
- Heishon v. . Knickerbocker Life Insurance Co.New York Court of Appeals · 1879
- Merchants' National Bank v. . SheehanNew York Court of Appeals · 1886
- In re Ketchum's ApplicationNew York Court of Common Pleas · 1880
3Cited by6 opinions
- In re CohenNew York Supreme Court · 1942
- Jonas v. Superior CourtCalifornia Court of Appeal · 1934
- Matter of N. Dain's Sons CompanyNew York Court of Appeals · 1912
- In re N. Dain's Sons' Co.Appellate Division of the Supreme Court of the State of New York · 1911
- In re BeschNew York Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.