Vose v. Mitchell

Appellate Division of the Supreme Court of New York

Vose v. Mitchell

256 A.D. 938, 9 N.Y.S.2d 796, 1939 N.Y. App. Div. LEXIS 5536

Appellate Division of the Supreme Court of the State of New York·Decided February 14, 1939·Published

Opinion

Order denying plaintiff’s motion for an order directing an examination of defendant before trial as an adverse party reversed on the law, with ten dollars costs and disbursements, and motion granted, without costs; examination to proceed on five days’ notice. Plaintiff has tbe burden of proof with respect to all the matter as to which he seeks to examine defendant. The denials as contained in the answer sufficiently establish the materiality and necessity of the examination. Although a general examination is sought, the subject-matter thereof relates to the relevant issues. Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ., concur.

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Order denying plaintiff’s motion for an order directing an examination of defendant before trial as an adverse party reversed on the law, with ten dollars costs and disbursements, and motion granted, without costs; examination to proceed on five days’ notice. Plaintiff has tbe burden of proof with respect to all the matter as to which he seeks to examine defendant. The denials as contained in the answer sufficiently establish the materiality and necessity of the examination. Although a general examination is sought, the subject-matter thereof relates to the relevant issues. Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ., concur.

Vose v. Mitchell, 256 A.D. 938, 9 N.Y.S.2d 796, 1939 N.Y. App. Div. LEXIS 5536 (N.Y. Ct. App. 1939).

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