David Webb, Inc. v. Rosenstiel

Appellate Division of the Supreme Court of New York

David Webb, Inc. v. Rosenstiel

38 A.D.2d 517, 326 N.Y.S.2d 405, 1971 N.Y. App. Div. LEXIS 2795

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

DecidedDecember 7, 1971

StatusPublished

This text of 38 A.D.2d 517 (David Webb, Inc. v. Rosenstiel) 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

David Webb, Inc. v. Rosenstiel, 38 A.D.2d 517, 326 N.Y.S.2d 405, 1971 N.Y. App. Div. LEXIS 2795 (N.Y. Ct. App. 1971).

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Opinion

Order, Supreme Court, New York County, entered on July 16, 1971, directing that defendant Rosenstiel’s answer be stricken unless she appear for a continuation of her examination on a specified date at Special Term, Part II, unanimously modified, on the law and the facts, to the extent of granting the motion to strike the answer unless defendant Rosenstiel submit to further examination at such place and at such time as shall be fixed by plaintiff by written notice of not less than 10 days, served on defendant’s attorney. Appellant shall recover of respondent $50 costs and disbursements of this appeal. True, the defendant has been difficult, but notwithstanding, has previously appeared for examination, and did appear pursuant to the order appealed from, although the plaintiff apparently did not; nor did plaintiff seek any relief therefrom. And, in view of her (defendant) change of attorneys, we cannot peremptorily conclude her failure to co-operate has been willful. Concur — Stevens, P. J., McGivern, Markewich and Murphy, JJ.

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Order, Supreme Court, New York County, entered on July 16, 1971, directing that defendant Rosenstiel’s answer be stricken unless she appear for a continuation of her examination on a specified date at Special Term, Part II, unanimously modified, on the law and the facts, to the extent of granting the motion to strike the answer unless defendant Rosenstiel submit to further examination at such place and at such time as shall be fixed by plaintiff by written notice of not less than 10 days, served on defendant’s attorney. Appellant shall recover of respondent $50 costs and disbursements of this appeal. True, the defendant has been difficult, but notwithstanding, has previously appeared for examination, and did appear pursuant to the order appealed from, although the plaintiff apparently did not; nor did plaintiff seek any relief therefrom. And, in view of her (defendant) change of attorneys, we cannot peremptorily conclude her failure to co-operate has been willful. Concur — Stevens, P. J., McGivern, Markewich and Murphy, JJ.

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Bluebook (online)

38 A.D.2d 517, 326 N.Y.S.2d 405, 1971 N.Y. App. Div. LEXIS 2795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-webb-inc-v-rosenstiel-nyappdiv-1971.