Borough Electric Co. v. Ernest L. Smith Construction Co.

Appellate Terms of the Supreme Court of New York

Borough Electric Co. v. Ernest L. Smith Construction Co.

133 Misc. 183, 231 N.Y.S. 374, 1928 N.Y. Misc. LEXIS 1121

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 21, 1928

StatusPublished

This text of 133 Misc. 183 (Borough Electric Co. v. Ernest L. Smith Construction 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

Borough Electric Co. v. Ernest L. Smith Construction Co., 133 Misc. 183, 231 N.Y.S. 374, 1928 N.Y. Misc. LEXIS 1121 (N.Y. Ct. App. 1928).

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Opinion

Per Curiam.

It appears that the commissioner appointed to take the testimony of the New Jersey witness complied with the requirements of the statute and the rules, and her omission to certify that she was a notary public, as described in the order appointing her, or to affix her notarial seal, did not warrant the suppression of the deposition.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Delehanty, Lydon and Crain, JJ.

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Per Curiam.

It appears that the commissioner appointed to take the testimony of the New Jersey witness complied with the requirements of the statute and the rules, and her omission to certify that she was a notary public, as described in the order appointing her, or to affix her notarial seal, did not warrant the suppression of the deposition.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Delehanty, Lydon and Crain, JJ.

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Bluebook (online)

133 Misc. 183, 231 N.Y.S. 374, 1928 N.Y. Misc. LEXIS 1121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/borough-electric-co-v-ernest-l-smith-construction-co-nyappterm-1928.