Cachelin v. Cachelin

Appellate Division of the Supreme Court of New York

Cachelin v. Cachelin

10 A.D.2d 566, 195 N.Y.S.2d 390, 1960 N.Y. App. Div. LEXIS 12020

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

DecidedJanuary 26, 1960

StatusPublished

This text of 10 A.D.2d 566 (Cachelin v. Cachelin) 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

Cachelin v. Cachelin, 10 A.D.2d 566, 195 N.Y.S.2d 390, 1960 N.Y. App. Div. LEXIS 12020 (N.Y. Ct. App. 1960).

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Opinion

— Appeal from order granting motion seeking to vacate a notice of examination before trial, dismissed, without costs. The original pleadings having been superseded by an amended complaint and an answer thereto, any questions concerning the propriety of examinations before trial based upon the original pleadings are rendered moot. The dismissal of this appeal is not to be deemed an indication of either approval or disapproval by this court of Special Term’s basic disposition of the matter and any questions arising out of subsequent demands for examinations before trial, if made, shall be determined de nova without reference to the order herein appealed from. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and Valente, JJ.

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— Appeal from order granting motion seeking to vacate a notice of examination before trial, dismissed, without costs. The original pleadings having been superseded by an amended complaint and an answer thereto, any questions concerning the propriety of examinations before trial based upon the original pleadings are rendered moot. The dismissal of this appeal is not to be deemed an indication of either approval or disapproval by this court of Special Term’s basic disposition of the matter and any questions arising out of subsequent demands for examinations before trial, if made, shall be determined de nova without reference to the order herein appealed from. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and Valente, JJ.

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Bluebook (online)

10 A.D.2d 566, 195 N.Y.S.2d 390, 1960 N.Y. App. Div. LEXIS 12020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cachelin-v-cachelin-nyappdiv-1960.