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134 Misc. 800

Maria v. Bower

New York Supreme Court

Decided July 19, 1929

New York Supreme Court · decided 1929-07-19

Good law ✅— No negative treatment on recordhow we know

Decided 1929-07-19

How this case has been cited

Cited by 3 later decisions — most recently September 1958

3 state decisions

101929193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Taylor, J.

¶1Under the present liberalized practice, the plaintiffs may, by examination of the defendant befoi’e trial, prove, if they can, the truth of the controverted material allegations of the complaint. It is not of legal moment that the plaintiffs may know the very things which they desire to elicit from the defendant in the way of proof; nor will the filing of the defendant’s affidavit purporting to give the information suffice.

¶2The motion for the taking of defendant’s deposition is granted as to all of the subjects of inquiry except 5, relating to plaintiffs’ damages, as to which it is denied. No costs.

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