Treadwell v. Greene — 85 N.Y.S. 318

Majority

p. 318

(89 App. Div. 60.)

TREADWELL v. GREENE.

(Supreme Court, Appellate Division, First Department.

December 18, 1903.)

Headnote

1. Interrogatories—Cross-Interrogatories—Settlement.

While, ordinarily, the court will reserve questions on the settlement of interrogatories and cross-interrogatories until trial, where the right to cross-examine has been abused the court will on motion restrict the examination to a proper cross-examination.

K 1. See Depositions, vol. 16, Cent. Dig. § 67.

p. 319

Appeal from Special Term, New York County.

Action by George A. Treadwell against William C. Greene. From an order denying a motion to disallow certain proposed cross-interrogatories, defendant appeals.

Reversed.

See 84 N. Y. Supp. 354 .

Argued before VAN BRUNT, P. J., and McLAUGHLIN, PATTERSON, O’BRIEN, and LAUGHRIN, JJ.

M. E- Harby, for appellant.

Charles M. Deniond, for respondent.

While, ordinarily, the court will reserve all questions upon the settlement of interrogatories and cross-interrogatories until the trial, yet in this case the right to cross-examine is so grossly abused that the court is compelled in justice to restrict the examination to that which is properly cross-examination, and for that reason the following cross-interrogatories are disallowed:

In the third cross-interrogatory the words “all the particulars in connection with each in chronological order”; the 6th, 8th, 9th, nth, 12th, 14th, 15th, 19th, 23d, and 27th cross-interrogatories; in the 37th cross-interrogatory the words, “and in what manner did you use or distribute such payment, and to whom did you pay it or any portion thereof”; from the 39th to the 87th cross-interrogatories, both inclusive; in the 88th cross-interrogatory the words, “and confer with him with reference to said settlement and the ratification thereof”; the I02d, 103d, 104th, 105th, 106th, 109th, noth, mth, and n2th cross-interrogatories; the first cross-interrogatory numbered 114; the 115th, 116th, 117th, 118th, and I32d cross-interrogatories.

The order appealed from is therefore reversed, with $10 costs and disbursements, and the interrogatories and cross-interrogatories are settled as herein indicated.