Brooklyn Express Co. v. Key Food Stores Co-operative, Inc.

Appellate Division of the Supreme Court of New York

Brooklyn Express Co. v. Key Food Stores Co-operative, Inc.

40 A.D.2d 608, 335 N.Y.S.2d 1009, 1972 N.Y. App. Div. LEXIS 3876

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

DecidedSeptember 25, 1972

StatusPublished

This text of 40 A.D.2d 608 (Brooklyn Express Co. v. Key Food Stores Co-operative, 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

Brooklyn Express Co. v. Key Food Stores Co-operative, Inc., 40 A.D.2d 608, 335 N.Y.S.2d 1009, 1972 N.Y. App. Div. LEXIS 3876 (N.Y. Ct. App. 1972).

Pincite

Opinion

In an action to recover damages inter alia for alleged breach of contract, defendants Key Food Stores Co-operative, Inc., and Allen Newman appeal from an order of the Supreme Court, Kings County, dated June 19, 1972, which denied their motion to take an oral deposition of a proposed nonparty witness. Order reversed, without costs, and motion granted, without costs. In our opinion, the age of the proposed nonparty witness, to wit, almost 75 years, coupled with his residence in Florida for the major part of the year, constitutes an adequate special circumstance under CPLiR 3101 (subd. [a], par. [4]). If the examination is to be held in Florida, the expenses thereof shall be paid by appellants. Hopkins, Acting P. J., Martuscello, Shapiro, Christ and Brennan, JJ., concur.

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In an action to recover damages inter alia for alleged breach of contract, defendants Key Food Stores Co-operative, Inc., and Allen Newman appeal from an order of the Supreme Court, Kings County, dated June 19, 1972, which denied their motion to take an oral deposition of a proposed nonparty witness. Order reversed, without costs, and motion granted, without costs. In our opinion, the age of the proposed nonparty witness, to wit, almost 75 years, coupled with his residence in Florida for the major part of the year, constitutes an adequate special circumstance under CPLiR 3101 (subd. [a], par. [4]). If the examination is to be held in Florida, the expenses thereof shall be paid by appellants. Hopkins, Acting P. J., Martuscello, Shapiro, Christ and Brennan, JJ., concur.

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Bluebook (online)

40 A.D.2d 608, 335 N.Y.S.2d 1009, 1972 N.Y. App. Div. LEXIS 3876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooklyn-express-co-v-key-food-stores-co-operative-inc-nyappdiv-1972.