AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

ELEANOR H. ROSE, Respondent, v. BILLY ROSE, Appellant.

A Trial Judge retains a continuous power to direct a further examination of a party in aid of the trial even though a previous examination has been completed or discontinued by the court. We treat the order of Special Term, Part IV, as such a further direction for examination in aid of the trial. This court has heretofore expressed the view that an examination of defendant is indicated on this record. ( Rose v. Rose, 282 App. Div. 682.) We are unwilling that additional and circuitous collateral proceedings delay a final judgment in this case. The further examination now directed shall proceed promptly and continuously before the Referee. It shall be completed on or before January 15, 1954, and the trial of the action promptly resumed and continuously prosecuted to judgment. Settle order on notice.

Use AI to get other relevant cases.

Comments

ROSE v. ROSE
(Dec 10, 1953)