Hyperlawhypertext legal database Depierris v. Slavin 58 N.Y. St. Rep. 157

← Cases

Depierris v. Slavin

58 N.Y. St. Rep. 157 Court N.Y. Gen. Term Decision date 1894-01-15 English

Contents

Majority

p. 157
Maud E. S. Depierris, App’lt, v. Henry B. Slavin et al., Resp’ts.
(Supreme Court, General Term, First Department,
Filed January 15, 1894.)

Headnote

Deposition—Examination before trial.
An affidavit for an order to examine a party before trial must state tlie residence and office address of plaintiff’s attorney.
Q. H. Adams, for pl’ff; A. H. Joline, for def’ts.

The objection that the papers upon which the order for examination was granted did not comply with subdivision 1 of § 872 of the Code seems to be fatal to this proceeding. The order denying the motion to vacate the order for examination should be reversed, with costs, and the order vacating the examination as to persons not parties to the action should be affirmed ; upon payment of which costs, the plaintiff to have leave to renew her application for examination of defendants.