Carroll v. Williams

Appellate Division of the Supreme Court of New York

Carroll v. Williams

277 A.D.2d 414, 715 N.Y.S.2d 911, 2000 N.Y. App. Div. LEXIS 12311

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

DecidedNovember 27, 2000

StatusPublished

This text of 277 A.D.2d 414 (Carroll v. Williams) 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

Carroll v. Williams, 277 A.D.2d 414, 715 N.Y.S.2d 911, 2000 N.Y. App. Div. LEXIS 12311 (N.Y. Ct. App. 2000).

Pincite

Opinion

—In an action to recover damages for trespass, the plaintiff appeals from an order of the Supreme Court, Kings County (Held, J.), dated August 4, 1999, which denied her motion to compel the defendant and a nonparty witness to submit to an examination before trial.

Ordered that the order is affirmed, with costs.

The plaintiff failed to give notice requesting an oral examination of the defendant and the nonparty witness. Accordingly, the plaintiffs motion to compel the defendant and the nonparty witness to submit to an examination was premature and the Supreme Court properly denied it (see, CPLR 3107, 3124). Thompson, J. P., Sullivan, Krausman and Florio, JJ., concur.

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—In an action to recover damages for trespass, the plaintiff appeals from an order of the Supreme Court, Kings County (Held, J.), dated August 4, 1999, which denied her motion to compel the defendant and a nonparty witness to submit to an examination before trial.

Ordered that the order is affirmed, with costs.

The plaintiff failed to give notice requesting an oral examination of the defendant and the nonparty witness. Accordingly, the plaintiffs motion to compel the defendant and the nonparty witness to submit to an examination was premature and the Supreme Court properly denied it (see, CPLR 3107, 3124). Thompson, J. P., Sullivan, Krausman and Florio, JJ., concur.

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Bluebook (online)

277 A.D.2d 414, 715 N.Y.S.2d 911, 2000 N.Y. App. Div. LEXIS 12311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroll-v-williams-nyappdiv-2000.