Pergoli v. Lyman

Appellate Terms of the Supreme Court of New York

Pergoli v. Lyman

92 N.Y.S. 788

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 21, 1905

StatusPublished

This text of 92 N.Y.S. 788 (Pergoli v. Lyman) 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

Pergoli v. Lyman, 92 N.Y.S. 788 (N.Y. Ct. App. 1905).

Pincite

Opinion

SCOTT, J.

The order appointing a referee to take the deposition of the appellant should have been vacated, if for no other reason because notice of the application therefor was not given to the plaintiff’s attorney. Furthermore, the affidavit upon which the order was granted was insufficient, in that it failed to state any facts upon which the court could find that the examination was necessary. It contains merely the attorney’s conclusions.

Order reversed, with $10 costs and disbursements. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

SCOTT, J.

The order appointing a referee to take the deposition of the appellant should have been vacated, if for no other reason because notice of the application therefor was not given to the plaintiff’s attorney. Furthermore, the affidavit upon which the order was granted was insufficient, in that it failed to state any facts upon which the court could find that the examination was necessary. It contains merely the attorney’s conclusions.

Order reversed, with $10 costs and disbursements. All concur.

Cite This Page — Counsel Stack

Bluebook (online)

92 N.Y.S. 788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pergoli-v-lyman-nyappterm-1905.