Aiello Dairy Farms Co. v. Kirk

Appellate Division of the Supreme Court of New York

Aiello Dairy Farms Co. v. Kirk

280 A.D. 945, 116 N.Y.S.2d 120, 1952 N.Y. App. Div. LEXIS 4317

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

DecidedOctober 20, 1952

StatusPublished

Cited by1 cases

This text of 280 A.D. 945 (Aiello Dairy Farms Co. v. Kirk) 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

Aiello Dairy Farms Co. v. Kirk, 280 A.D. 945, 116 N.Y.S.2d 120, 1952 N.Y. App. Div. LEXIS 4317 (N.Y. Ct. App. 1952).

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Opinion

In a _ negligence action, order denying motion for further examination before trial of defendant Genessee Freight Lines, Inc., reversed on the law, with $10 costs and disbursements, and motion granted, without costs. In order to establish, if it can, intimacy of control of the driver and the truck, the plaintiff is entitled to examine the officers or employees of the defendant corporation who were familiar with the transaction. The officer who previously testified in response to the original order for examination before trial disclaimed knowledge of the transaction. Appeal from order denying motion for reargument dismissed, without costs. Nolan, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur.

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In a _ negligence action, order denying motion for further examination before trial of defendant Genessee Freight Lines, Inc., reversed on the law, with $10 costs and disbursements, and motion granted, without costs. In order to establish, if it can, intimacy of control of the driver and the truck, the plaintiff is entitled to examine the officers or employees of the defendant corporation who were familiar with the transaction. The officer who previously testified in response to the original order for examination before trial disclaimed knowledge of the transaction. Appeal from order denying motion for reargument dismissed, without costs. Nolan, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur.

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Bluebook (online)

280 A.D. 945, 116 N.Y.S.2d 120, 1952 N.Y. App. Div. LEXIS 4317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aiello-dairy-farms-co-v-kirk-nyappdiv-1952.

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