Brower v. Stabler

Appellate Division of the Supreme Court of New York

Brower v. Stabler

7 A.D.2d 919, 183 N.Y.S.2d 463, 1959 N.Y. App. Div. LEXIS 9957

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

DecidedFebruary 9, 1959

StatusPublished

This text of 7 A.D.2d 919 (Brower v. Stabler) 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

Brower v. Stabler, 7 A.D.2d 919, 183 N.Y.S.2d 463, 1959 N.Y. App. Div. LEXIS 9957 (N.Y. Ct. App. 1959).

Pincite

Opinion

In an action to recover damages for personal injuries, the appeal is from so much of an order as conditionally grants appellant’s motion to dismiss the complaint for respondent’s willful failure to testify at an examination before trial, pursuant to notice under section 299 of the Civil Practice Act. Order insofar as appealed from affirmed, with $10 costs and disbursements. Section 299 is discretionary. The record presents no reason to interfere with the exercise of the discretion of the Special Term. (Kallus v. Sadacca, 6 A D 2d 815.) The examination is to proceed on a date to be fixed in the order entered hereon. Wenzel, Acting P. J., Beldoek, Murphy, Hallinan and Kleinfeld, JJ., concur. Settle order on notice.

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In an action to recover damages for personal injuries, the appeal is from so much of an order as conditionally grants appellant’s motion to dismiss the complaint for respondent’s willful failure to testify at an examination before trial, pursuant to notice under section 299 of the Civil Practice Act. Order insofar as appealed from affirmed, with $10 costs and disbursements. Section 299 is discretionary. The record presents no reason to interfere with the exercise of the discretion of the Special Term. (Kallus v. Sadacca, 6 A D 2d 815.) The examination is to proceed on a date to be fixed in the order entered hereon. Wenzel, Acting P. J., Beldoek, Murphy, Hallinan and Kleinfeld, JJ., concur. Settle order on notice.

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Bluebook (online)

7 A.D.2d 919, 183 N.Y.S.2d 463, 1959 N.Y. App. Div. LEXIS 9957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brower-v-stabler-nyappdiv-1959.