Dalton v. Crowley

Appellate Division of the Supreme Court of New York

Dalton v. Crowley

25 A.D.2d 816, 269 N.Y.S.2d 1022, 1966 N.Y. App. Div. LEXIS 4544

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

DecidedApril 7, 1966

StatusPublished

This text of 25 A.D.2d 816 (Dalton v. Crowley) 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

Dalton v. Crowley, 25 A.D.2d 816, 269 N.Y.S.2d 1022, 1966 N.Y. App. Div. LEXIS 4544 (N.Y. Ct. App. 1966).

Pincite

Opinion

Order unanimously reversed, with costs, and motion denied. Memorandum: There being no demonstration of bad faith on defendant’s part, and no showing of unreasonable annoyance, disadvantage, or other prejudice likely to result to the plaintiff from a second entry by defendant on plaintiff’s property for purposes of discovery, the order of County Court vacating defendant’s notice for discovery and inspection was an improvident exercise of discretion. The entry and inspection sought in the notice may be had on any Saturday in April, 1966 on three days’ notice to plaintiff’s counsel. (Appeal from order of Monroe County Court, Special Term granting plaintiff’s motion to vacate a notice for discovery and inspection.)

Present — Williams, P. J., Bastow, Goldman, Del Veechio and Marsh, JJ.

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Order unanimously reversed, with costs, and motion denied. Memorandum: There being no demonstration of bad faith on defendant’s part, and no showing of unreasonable annoyance, disadvantage, or other prejudice likely to result to the plaintiff from a second entry by defendant on plaintiff’s property for purposes of discovery, the order of County Court vacating defendant’s notice for discovery and inspection was an improvident exercise of discretion. The entry and inspection sought in the notice may be had on any Saturday in April, 1966 on three days’ notice to plaintiff’s counsel. (Appeal from order of Monroe County Court, Special Term granting plaintiff’s motion to vacate a notice for discovery and inspection.)

Present — Williams, P. J., Bastow, Goldman, Del Veechio and Marsh, JJ.

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Bluebook (online)

25 A.D.2d 816, 269 N.Y.S.2d 1022, 1966 N.Y. App. Div. LEXIS 4544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dalton-v-crowley-nyappdiv-1966.