SUMNER v. MATHEWS


200 Misc. 826 (1951)

Rose Sumner, Plaintiff, v. Abe Mathews, Defendant.

Supreme Court, Special Term, Bronx County.

August 4, 1951.


Attorney(s) appearing for the Case

Sidney Kraft for plaintiff.

Jacob S. Linett for defendant.


MATTHEW M. LEVY, J.

The plaintiff moves for an examination of the defendant before trial. The defendant objects because the moving affidavit is not by the plaintiff, but by his attorney. I am not impressed with this objection.

Section 292 of the Civil Practice Act authorizes a party who is entitled to take testimony by deposition to obtain an order therefor in the first instance. But he may obtain an...

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