Becker v. Niagara Textile Co.

Appellate Terms of the Supreme Court of New York

Becker v. Niagara Textile Co.

175 Misc. 963, 26 N.Y.S.2d 62, 1941 N.Y. Misc. LEXIS 1533

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 7, 1941

StatusPublished

This text of 175 Misc. 963 (Becker v. Niagara Textile Co.) 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

Becker v. Niagara Textile Co., 175 Misc. 963, 26 N.Y.S.2d 62, 1941 N.Y. Misc. LEXIS 1533 (N.Y. Ct. App. 1941).

Pincite

Opinion

Per Curiam.

The court below could reasonably require the defendant to submit to examination before trial as a condition of opening the latter’s default. It was, however, improper to direct defendant to submit to an examination before trial without specifying the items as to which the examination was to be had.

Order modified so as to provide that the defendant is to submit to an examination before trial as to such matters which the court may find proper on a motion to be made by the plaintiff for the defendant’s examination, and, as modified, affirmed.

All concur. Present — Hammer, Shientag and Miller, JJ.

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Per Curiam.

The court below could reasonably require the defendant to submit to examination before trial as a condition of opening the latter’s default. It was, however, improper to direct defendant to submit to an examination before trial without specifying the items as to which the examination was to be had.

Order modified so as to provide that the defendant is to submit to an examination before trial as to such matters which the court may find proper on a motion to be made by the plaintiff for the defendant’s examination, and, as modified, affirmed.

All concur. Present — Hammer, Shientag and Miller, JJ.

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Bluebook (online)

175 Misc. 963, 26 N.Y.S.2d 62, 1941 N.Y. Misc. LEXIS 1533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/becker-v-niagara-textile-co-nyappterm-1941.