Doane v. Hescock

Appellate Terms of the Supreme Court of New York

Doane v. Hescock

153 N.Y.S. 424

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 21, 1915

StatusPublished

This text of 153 N.Y.S. 424 (Doane v. Hescock) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Doane v. Hescock, 153 N.Y.S. 424 (N.Y. Ct. App. 1915).

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Opinion

PER CURIAM.

Though there may be doubt as to the sufficiency of the complaint, it is not frivolous, and upon this motion we have no right to pass otherwise upon its sufficiency. Ryan v. Reagan, 46 App. Div. 590, 62 N. Y. Supp. 39. The defendants can upon examination raise the objection that the answer to any particular question will tend to incriminate them, but such objection is, at the present time, premature. Whether any books, papers, etc., will be necessary to refresh the witness’ recollection, and, if so, what papers, can be determined only at the examination, and their production can then be procured by subpoena, and the provision for their production in the order is improper.

[425]*425Order modified, by striking therefrom the provision requiring the production of books, papers, etc., and, as modified, affirmed, without costs of this appeal to either party, but with disbursements to the appellant.

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PER CURIAM.

Though there may be doubt as to the sufficiency of the complaint, it is not frivolous, and upon this motion we have no right to pass otherwise upon its sufficiency. Ryan v. Reagan, 46 App. Div. 590, 62 N. Y. Supp. 39. The defendants can upon examination raise the objection that the answer to any particular question will tend to incriminate them, but such objection is, at the present time, premature. Whether any books, papers, etc., will be necessary to refresh the witness’ recollection, and, if so, what papers, can be determined only at the examination, and their production can then be procured by subpoena, and the provision for their production in the order is improper.

[425]*425Order modified, by striking therefrom the provision requiring the production of books, papers, etc., and, as modified, affirmed, without costs of this appeal to either party, but with disbursements to the appellant.

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Bluebook (online)

153 N.Y.S. 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doane-v-hescock-nyappterm-1915.

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