Brush v. Brittain

Appellate Division of the Supreme Court of New York

Brush v. Brittain

10 A.D.2d 574, 195 N.Y.S.2d 742, 1960 N.Y. App. Div. LEXIS 11974

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

DecidedJanuary 28, 1960

StatusPublished

This text of 10 A.D.2d 574 (Brush v. Brittain) 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

Brush v. Brittain, 10 A.D.2d 574, 195 N.Y.S.2d 742, 1960 N.Y. App. Div. LEXIS 11974 (N.Y. Ct. App. 1960).

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Opinion

Order unanimously reversed on the facts and on the law,' with $20 costs and disbursements to the appellants, and the motion to examine the defendants-appellants before trial is denied, with $10 costs. Although the complaint is verified it consists for the most part of generalized charges and eonclusory allegations. The papers offered in support of the motion do not contain factual allegations of evidentiary value to establish charges of wrongdoing or improper conduct (see Van Aalten v. Mack, 7 A D 2d 289; Price v. Groves, 258 App. Div. 35), nor are special circumstances shown which warrant such examination. (New York County Supreme Court Trial Term Rides, rule XI, subd. 7; see Vam Aalten v. Mack, supra.) Concur — Rabin, J. P., M. M. Frank, Valente, McNally and Stevens, JJ.

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Order unanimously reversed on the facts and on the law,' with $20 costs and disbursements to the appellants, and the motion to examine the defendants-appellants before trial is denied, with $10 costs. Although the complaint is verified it consists for the most part of generalized charges and eonclusory allegations. The papers offered in support of the motion do not contain factual allegations of evidentiary value to establish charges of wrongdoing or improper conduct (see Van Aalten v. Mack, 7 A D 2d 289; Price v. Groves, 258 App. Div. 35), nor are special circumstances shown which warrant such examination. (New York County Supreme Court Trial Term Rides, rule XI, subd. 7; see Vam Aalten v. Mack, supra.) Concur — Rabin, J. P., M. M. Frank, Valente, McNally and Stevens, JJ.

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Bluebook (online)

10 A.D.2d 574, 195 N.Y.S.2d 742, 1960 N.Y. App. Div. LEXIS 11974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brush-v-brittain-nyappdiv-1960.

Opinion

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