Public-domain · open source
OpenJurist

175 Misc. 963

Becker v. Niagara Textile Co.

Appellate Terms of the Supreme Court of New York · decided 1941-02-07

Decided 1941-02-07

Per Curiam.

¶1The court below could reasonably require the defendant to submit to examination before trial as a condition of opening the latter’s default. It was, however, improper to direct defendant to submit to an examination before trial without specifying the items as to which the examination was to be had.

¶2Order modified so as to provide that the defendant is to submit to an examination before trial as to such matters which the court may find proper on a motion to be made by the plaintiff for the defendant’s examination, and, as modified, affirmed.

¶3All concur. Present — Hammer, Shientag and Miller, JJ.

/175/misc/963 · .json · Public domain