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Lichtenstein v. Lichtenstein

58 N.Y. St. Rep. 574 Court N.Y. City Ct. Decision date 1894-01-18 English

Delivered by McCarthy, J.

Contents

Majority

p. 574
Nathan Lichtenstein, Resp’t, v. Herman Lichtenstein, App’lt.
(New York City Court, General Term,
Filed January 18,1894.)

Headnote

Deposition—Examination before trial.
Unless the court abuses its discretion, an order denying amotion for the examination of plaintiff before trial will not be disturbed.
Appeal from an order denying a motion for the examination of plaintiff before trial.
George Hahn, for app’lt; Alfred & Charles Sleekier, for resp’t.

This is an appeal from an order denying a motion for the examination of the plaintiff before trial. The papers used on the motion present a proper case for the exercise of judicial discretion. In the absence of abuse in the use of this discretion, we cannot interfere. There was none here, and the order must therefore be affirmed, with costs.