Lederer v. Veith — 5 N.Y.S. 956

Majority

p. 956

Lederer v. Veith et al.

(Common Pleas of New York City and County,

General Term.

May 9, 1889.)

Headnote

Appeal from, special term.

This is an appeal by defendants from an order vacting an order for the examination before trial and before answer, of Gustav M. Miller and Bichard Schramm, who are not parties to the action.

Argued before Larremore, C. J., and Daly and Bookstaver, JJ.

Townsend, Dyett & Einstein, for appellants. Black & King, for respondent.

After consultation, we have reached the conclusion that this order was properly made, and it should be affirmed. We think third parties cannot be examined, and were not intended to be included within that provision of the Code which provides for the examination of parties before trial; but, if they can be examined, then the allegations contained in the affidavits on which the order was obtained were not sufficient to warrant the order.