Ditomasso v. Loverro

Appellate Division of the Supreme Court of New York

Ditomasso v. Loverro

240 A.D. 1001

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

DecidedDecember 15, 1933

DocketAppeal No. 1

StatusPublished

This text of 240 A.D. 1001 (Ditomasso v. Loverro) 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

Ditomasso v. Loverro, 240 A.D. 1001 (N.Y. Ct. App. 1933).

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Opinion

Order, so far as appealed from, reversed on the law and the facts, with ten dollars costs and disbursements, and the respondents’ motion denied, with ten dollars costs, the examination to proceed on five days’ notice. In our opinion, the items of the plaintiff’s notices of examination disallowed and struck out by the court below were all concerning matters alleged in the complaint and put in issue by denials by the respondents’ answer and are matters which the plaintiff must prove in order to establish the fraud alleged in the complaint. Lazansky, P. J., Young, Kapper, Carswell and Davis, JJ., concur.

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Order, so far as appealed from, reversed on the law and the facts, with ten dollars costs and disbursements, and the respondents’ motion denied, with ten dollars costs, the examination to proceed on five days’ notice. In our opinion, the items of the plaintiff’s notices of examination disallowed and struck out by the court below were all concerning matters alleged in the complaint and put in issue by denials by the respondents’ answer and are matters which the plaintiff must prove in order to establish the fraud alleged in the complaint. Lazansky, P. J., Young, Kapper, Carswell and Davis, JJ., concur.

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Bluebook (online)

240 A.D. 1001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ditomasso-v-loverro-nyappdiv-1933.