Bailey v. Kelly

Appellate Terms of the Supreme Court of New York

Bailey v. Kelly

19 Misc. 2d 954, 189 N.Y.S.2d 240, 1959 N.Y. Misc. LEXIS 3448

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 18, 1959

StatusPublished

This text of 19 Misc. 2d 954 (Bailey v. Kelly) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bailey v. Kelly, 19 Misc. 2d 954, 189 N.Y.S.2d 240, 1959 N.Y. Misc. LEXIS 3448 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

Plaintiff’s right to take the deposition of its material witness, who is not within the City of New York, is permissible under section 101 of the Municipal Court Code and is not limited by section 288 of the Civil Practice Act. Upon the showing made, no additional special circumstances are required to be alleged.

The. order should be reversed, with $10 costs, and motion granted.

Concur — Steuer, J. P., Hoestadter and Aurelio, JJ.

Order reversed, etc.

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Per Curiam.

Plaintiff’s right to take the deposition of its material witness, who is not within the City of New York, is permissible under section 101 of the Municipal Court Code and is not limited by section 288 of the Civil Practice Act. Upon the showing made, no additional special circumstances are required to be alleged.

The. order should be reversed, with $10 costs, and motion granted.

Concur — Steuer, J. P., Hoestadter and Aurelio, JJ.

Order reversed, etc.

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Bluebook (online)

19 Misc. 2d 954, 189 N.Y.S.2d 240, 1959 N.Y. Misc. LEXIS 3448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-v-kelly-nyappterm-1959.