Benjamin v. Estate Administration, Inc.

Appellate Division of the Supreme Court of New York

Benjamin v. Estate Administration, Inc.

249 A.D. 715, 292 N.Y.S. 952, 1936 N.Y. App. Div. LEXIS 5602

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

DecidedDecember 4, 1936

StatusPublished

This text of 249 A.D. 715 (Benjamin v. Estate Administration, Inc.) 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

Benjamin v. Estate Administration, Inc., 249 A.D. 715, 292 N.Y.S. 952, 1936 N.Y. App. Div. LEXIS 5602 (N.Y. Ct. App. 1936).

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Opinion

Order, so far as appealed from, unanimously reversed, with twenty dollars costs and disbursements and the motion denied. Defendants’ application for an examination amounts in substance to a request for a cross-examination of the plaintiff before trial. This right may be protected by providing for an open commission if the plaintiff is not to appear at the trial. Present — Martin, P. J., O’Malley, Townley, Glennon and Cohn, JJ.

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Order, so far as appealed from, unanimously reversed, with twenty dollars costs and disbursements and the motion denied. Defendants’ application for an examination amounts in substance to a request for a cross-examination of the plaintiff before trial. This right may be protected by providing for an open commission if the plaintiff is not to appear at the trial. Present — Martin, P. J., O’Malley, Townley, Glennon and Cohn, JJ.

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Bluebook (online)

249 A.D. 715, 292 N.Y.S. 952, 1936 N.Y. App. Div. LEXIS 5602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benjamin-v-estate-administration-inc-nyappdiv-1936.