Cooney v. Blodget

Appellate Division of the Supreme Court of New York

Cooney v. Blodget

263 A.D. 964, 33 N.Y.S.2d 9, 1942 N.Y. App. Div. LEXIS 7621

Appellate Division of the Supreme Court of the State of New York·Decided February 16, 1942·Published

Opinion

In an action to recover damages for personal injuries alleged to have been sustained by plaintiff while a passenger in an automobile owned by defendant, order denying defendant’s motion to vacate the notice of examination before trial modified on the facts to the extent of vacating the notice as to items 4 and 5. As thus modified, the order is affirmed, without costs, the examination to proceed on five days’ notice. Items 4 and 5 refer to the extent of plaintiff’s injuries and damages sustained by her. It was an improvident exercise of discretion to permit an examination as to these items. Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.

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In an action to recover damages for personal injuries alleged to have been sustained by plaintiff while a passenger in an automobile owned by defendant, order denying defendant’s motion to vacate the notice of examination before trial modified on the facts to the extent of vacating the notice as to items 4 and 5. As thus modified, the order is affirmed, without costs, the examination to proceed on five days’ notice. Items 4 and 5 refer to the extent of plaintiff’s injuries and damages sustained by her. It was an improvident exercise of discretion to permit an examination as to these items. Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.

Cooney v. Blodget, 263 A.D. 964, 33 N.Y.S.2d 9, 1942 N.Y. App. Div. LEXIS 7621 (N.Y. Ct. App. 1942).

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263 A.D. 964 (Cooney v. Blodget) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.