Hyperlawhypertext legal database Nillson v. Selwyn & Co. 125 N.Y.S. 261

← Cases

Nillson v. Selwyn & Co.

125 N.Y.S. 261 Court N.Y. App. Div. Decision date 1910-10-14 English

Contents

Majority

p. 261
NILLSON v. SELWYN & 00. et al.
(Supreme Court, Appellate Division, First Department.
October 14, 1910.)

Headnote

Discovert (§ 41*)—Examination of Adverse Party Before Teiai>-Scope.
In a suit to restrain the threatened production of a play, an order for defendant’s examination as an adverse party before trial should be limited to the allegations of the complaint with respect to the production or threatened production of the play.
[Ed. Note.—For other cases, see Discovery, Cent. Dig. § 54; Dec. Dig. § 41.*]
Appeal from Special Term, New York County.
Action by Carlotta Nillson against Selwyn & Co., impleaded, etc. From an order denying its motion to have an order for examination of defendant company by plaintiff as an adverse party before trial set aside, defendant company appeals.
Modified and affirmed.
Argued before INGRAHAM, P. J., and McLAUGHLIN, LAUGH-LIN, CLARKE, and SCOTT, JJ.
Melville H. Cane, for appellant.
B. G. Oppenheim, for respondent.

The order appealed from should be modified, so as to provide that the order for the examination of the appellant shall limit such examination to the allegations of the complaint with respect to the production or threatened production of the play by the appellant, and, as so modified, affirmed, without costs.