Berghaus v. Berghaus

Appellate Division of the Supreme Court of New York

Berghaus v. Berghaus

251 A.D. 855, 298 N.Y.S. 494, 1937 N.Y. App. Div. LEXIS 7977

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

DecidedJune 25, 1937

StatusPublished

This text of 251 A.D. 855 (Berghaus v. Berghaus) 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

Berghaus v. Berghaus, 251 A.D. 855, 298 N.Y.S. 494, 1937 N.Y. App. Div. LEXIS 7977 (N.Y. Ct. App. 1937).

Pincite

Opinion

Order granting plaintiff’s motion to examine appellant before trial modified by striking therefrom all items except Nos. 5, 13, 32, 33 and 39, which items are allowed, and as to them the examination may proceed on five days’ notice; also by striking out the direction for the production of books, cheeks, records, etc., and, as thus modified, the order is affirmed, without costs. In our opinion the answer states sufficient information to fulfill such portions of plaintiff’s demand as are proper, except as to the items enumerated above. The demand in other respects seeks information that is either immaterial, frivolous or calling for legal conclusions. Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.

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Order granting plaintiff’s motion to examine appellant before trial modified by striking therefrom all items except Nos. 5, 13, 32, 33 and 39, which items are allowed, and as to them the examination may proceed on five days’ notice; also by striking out the direction for the production of books, cheeks, records, etc., and, as thus modified, the order is affirmed, without costs. In our opinion the answer states sufficient information to fulfill such portions of plaintiff’s demand as are proper, except as to the items enumerated above. The demand in other respects seeks information that is either immaterial, frivolous or calling for legal conclusions. Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.

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Bluebook (online)

251 A.D. 855, 298 N.Y.S. 494, 1937 N.Y. App. Div. LEXIS 7977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berghaus-v-berghaus-nyappdiv-1937.