Agoglia v. Heffernan

Appellate Division of the Supreme Court of New York

Agoglia v. Heffernan

237 A.D. 900

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 15, 1933

StatusPublished

This text of 237 A.D. 900 (Agoglia v. Heffernan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Agoglia v. Heffernan, 237 A.D. 900 (N.Y. Ct. App. 1933).

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Opinion

Order denying motion for examination before trial reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The examination is to proceed on five days’ notice at Special Term, Part 2, Kings county. In our opinion, the record does not disclose any want of good faith on the part of the plaintiff in making the application, and he is entitled to examine the defendant upon the matters stated. Young, Tompkins and Davis, JJ., concur; Hagarty, J., dissents on authority of Finkelstein v. Rabinowitz (ante, p. 848, decided Dec. 23, 1932); Kapper, J., not voting.

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Order denying motion for examination before trial reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The examination is to proceed on five days’ notice at Special Term, Part 2, Kings county. In our opinion, the record does not disclose any want of good faith on the part of the plaintiff in making the application, and he is entitled to examine the defendant upon the matters stated. Young, Tompkins and Davis, JJ., concur; Hagarty, J., dissents on authority of Finkelstein v. Rabinowitz (ante, p. 848, decided Dec. 23, 1932); Kapper, J., not voting.

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237 A.D. 900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/agoglia-v-heffernan-nyappdiv-1933.