Rosenthal v. Jackson
This text of 125 A.D. 895 (Rosenthal v. Jackson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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From the papers it appears that the plaintiff has sufficient knowledge to frame a complaint to compel the defendants to account for such moneys as they had received and for which they were accountable to the plaintiff’s testator. She is not entitled to an examination of the defendants before serving her complaint for the purpose of determining whether she has a cause of action.
The order appealed from is, therefore, reversed, with ten dollars costs and disbursements, and the motion to vacate the order for the examination of the defendants granted.
Present — Ingraham, McLaughlin, Clabke, Houghton and Scott, JJ.
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Cite This Page — Counsel Stack
125 A.D. 895, 110 N.Y.S. 786, 1908 N.Y. App. Div. LEXIS 2929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenthal-v-jackson-nyappdiv-1908.