Ahearn v. Manzione

Appellate Division of the Supreme Court of New York

Ahearn v. Manzione

270 A.D. 944, 62 N.Y.S.2d 280, 1946 N.Y. App. Div. LEXIS 4810

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

DecidedMay 20, 1946

StatusPublished

Cited by3 cases

This text of 270 A.D. 944 (Ahearn v. Manzione) 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

Ahearn v. Manzione, 270 A.D. 944, 62 N.Y.S.2d 280, 1946 N.Y. App. Div. LEXIS 4810 (N.Y. Ct. App. 1946).

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Opinion

In an action to recover damages for personal injuries, order granting defendants’ motion to vacate a notice of examination before trial reversed on the law, with $10 costs and disbursements, and the motion denied, with $10 costs. The [945]*945complaint states a cause of action against the defendants and the motion to vacate the examination should have been denied. However, the examination should be limited to items 2, 3, 4, 5 and 6 of the notice of examination. Information as to the contents of item “ 1 ” is unnecessary, for ownership, management, operation and control of the premises in question are expressly admitted in the answer. The examination shall be conducted in the county of Kings, where the defendants reside and have their place of business, and is to proceed on five days’ notice, at Special Term, Part II, of the Supreme Court, Kings County. Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.

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In an action to recover damages for personal injuries, order granting defendants’ motion to vacate a notice of examination before trial reversed on the law, with $10 costs and disbursements, and the motion denied, with $10 costs. The [945]*945complaint states a cause of action against the defendants and the motion to vacate the examination should have been denied. However, the examination should be limited to items 2, 3, 4, 5 and 6 of the notice of examination. Information as to the contents of item “ 1 ” is unnecessary, for ownership, management, operation and control of the premises in question are expressly admitted in the answer. The examination shall be conducted in the county of Kings, where the defendants reside and have their place of business, and is to proceed on five days’ notice, at Special Term, Part II, of the Supreme Court, Kings County. Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.

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Bluebook (online)

270 A.D. 944, 62 N.Y.S.2d 280, 1946 N.Y. App. Div. LEXIS 4810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ahearn-v-manzione-nyappdiv-1946.

Opinion

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