From Casetext: Smarter Legal Research

Stogner v. Albright

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1927
219 App. Div. 748 (N.Y. App. Div. 1927)

Opinion

January, 1927.


Order denying defendant's motion to vacate notice of examination before trial and directing defendant to appear for examination under said notice as modified, reversed upon the facts in the exercise of the discretion of the court, with ten dollars costs and disbursements, and motion granted, without costs. In our opinion the examination is not sought in good faith to be used upon the trial. Examinations before trial in this class of litigation are rarely necessary, and are not favored by the courts. ( Wessel v. Schwarzler, No. 1, 144 App. Div. 587.) Kelly, P.J., Jaycox, Manning, Kapper and Lazansky, JJ., concur.


Summaries of

Stogner v. Albright

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1927
219 App. Div. 748 (N.Y. App. Div. 1927)
Case details for

Stogner v. Albright

Case Details

Full title:MARIE STOGNER, Respondent, v. ROY F. ALBRIGHT, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 1, 1927

Citations

219 App. Div. 748 (N.Y. App. Div. 1927)

Citing Cases

BAHR v. SEAGER

Examinations before trial in this class of cases are rarely necessary and should be granted only when it is…