Condon v. National Surety Corp.

Appellate Division of the Supreme Court of New York

Condon v. National Surety Corp.

18 A.D.2d 907, 237 N.Y.S.2d 721, 1963 N.Y. App. Div. LEXIS 4327

Procedural entryThis page is a short order in Condon v. National Surety Corp.. Read the opinion of the Court — 22 A.D.2d 305 →

Appellate Division of the Supreme Court of the State of New York·Decided February 21, 1963·Published

Opinion

Order, entered on October 10, 1962, denying motion of the third-party plaintiff to examine before trial the third-party defendant, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to third-party plaintiff-appellant, and the motion granted. Under the liberalized rules in respect of depositions before trial, the third-party plaintiff may examine the third-party defendant on material issues. (Matter of Sakel, 9 A D 2d 763.) Paragraph 7 of the Special Rule for the Supreme Court in the Counties of Bronx and New York Requiring the Filing of a Statement of Readiness and [908]*908Regulating Calendar Practice Relative Thereto is not available to the third-party defendant because it was not a party to the action at the time of filing of the statement of readiness. Settle order on notice fixing a date for examination to proceed. Concur—-Rabin, J. P., McNally, Stevens, Eager and Steuer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, entered on October 10, 1962, denying motion of the third-party plaintiff to examine before trial the third-party defendant, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to third-party plaintiff-appellant, and the motion granted. Under the liberalized rules in respect of depositions before trial, the third-party plaintiff may examine the third-party defendant on material issues. (Matter of Sakel, 9 A D 2d 763.) Paragraph 7 of the Special Rule for the Supreme Court in the Counties of Bronx and New York Requiring the Filing of a Statement of Readiness and [908]*908Regulating Calendar Practice Relative Thereto is not available to the third-party defendant because it was not a party to the action at the time of filing of the statement of readiness. Settle order on notice fixing a date for examination to proceed. Concur—-Rabin, J. P., McNally, Stevens, Eager and Steuer, JJ.

Condon v. National Surety Corp., 18 A.D.2d 907, 237 N.Y.S.2d 721, 1963 N.Y. App. Div. LEXIS 4327 (N.Y. Ct. App. 1963).

Pincite

18 A.D.2d 907 (Condon v. National Surety Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.