Bacon v. General Tire & Rubber Co.

Appellate Division of the Supreme Court of New York

Bacon v. General Tire & Rubber Co.

2 A.D.2d 881, 156 N.Y.S.2d 414, 1956 N.Y. App. Div. LEXIS 4031

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

DecidedNovember 7, 1956

StatusPublished

This text of 2 A.D.2d 881 (Bacon v. General Tire & Rubber Co.) 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

Bacon v. General Tire & Rubber Co., 2 A.D.2d 881, 156 N.Y.S.2d 414, 1956 N.Y. App. Div. LEXIS 4031 (N.Y. Ct. App. 1956).

Pincite

Opinion

Rule XI of the New York County Supreme Court Trial Term Rules provides for priority of examination of parties before trial. Subdivision 4 thereof, states: “ In actions based on contract, or in equity, plaintiffs generally shall be entitled to priority of examination, except where it appears that by reason of counterclaims contained in the answer it would be proper that plaintiffs be examined first, as to such counterclaims ”. No counterclaims have been interposed in this action and no adequate reason appears in the record in this case for deviating from the rule. Order denying plaintiffs’ motion to stay the defendants from examining the plaintiffs before trial until the completion of the plaintiffs’ examination, unanimously reversed, with $20 costs and disbursements to the appellants, and the motion granted. Settle order on notice. Concur — Breitel, J. P., Botein, Frank and Valente, JJ.

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Rule XI of the New York County Supreme Court Trial Term Rules provides for priority of examination of parties before trial. Subdivision 4 thereof, states: “ In actions based on contract, or in equity, plaintiffs generally shall be entitled to priority of examination, except where it appears that by reason of counterclaims contained in the answer it would be proper that plaintiffs be examined first, as to such counterclaims ”. No counterclaims have been interposed in this action and no adequate reason appears in the record in this case for deviating from the rule. Order denying plaintiffs’ motion to stay the defendants from examining the plaintiffs before trial until the completion of the plaintiffs’ examination, unanimously reversed, with $20 costs and disbursements to the appellants, and the motion granted. Settle order on notice. Concur — Breitel, J. P., Botein, Frank and Valente, JJ.

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Bluebook (online)

2 A.D.2d 881, 156 N.Y.S.2d 414, 1956 N.Y. App. Div. LEXIS 4031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bacon-v-general-tire-rubber-co-nyappdiv-1956.