New York Court of Appeals

The Public National Bank of New York, Respondent v. the National City Bank of New York, Appellant

April 11, 1933261 N.Y. 316

Summary

The New York Court of Appeals dismissed the appeal, holding that it lacks jurisdiction to answer the certified question because the issue is not final or decisive of the order denying the examination. The court noted that the burden of proof does not control the right to examine a party before trial, which remains within the trial court’s discretion.