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Skidelsky v. Rosenbloom

155 N.Y.S. 616 Court N.Y. City Ct. Decision date 1915-06-01 English

Delivered by ¡SCHMUCK, J.

Contents

Majority

p. 616
SKIDELSKY v. ROSENBLOOM.
(City Court of New York, Special Term.
June 1, 1915.)

Headnote

Discovery @==>38—Examination Before Trial—Necessity.
That plaintiff could obtain from other sources the information sought is no ground, under Code Oiv. Proc. § 870, authorizing the examination of adversary 'party, for denying an examination of defendant before trial.
[Ed. Note.—For other cases, see Discovery, Cent. Dig. § 51; Dec. Dig. <§=¿38.]
®=3Por other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
Action by one Skidelsky against one Rosenbloom. Defendant moves to vacate an order. Order signed.
Morris Weiss, of New York City, for plaintiff.
Nadal, Jones & Mowton, of New York City, for defendant.

Motion denied. The order for examination before trial complies with the requirements of section 872 of the Code of Civil Procedure, and- therefore should not be disturbed. The mere fact that plaintiff can obtain the information sought of the defendant by the examination from other sources is no reason why the order should be disturbed. Personal knowledge of the plaintiff, or the fact that she has other evidence of the issue is no bar to her examining her adversary under section 870 of the Code of Civil Procedure. Richards v. Whiting, 127 App. Div. 208 , 111 N. Y. Supp. 21 .

Order signed.