E. W. J. Hearty, Inc. v. Pennsylvania Railroad Co.

Appellate Terms of the Supreme Court of New York

E. W. J. Hearty, Inc. v. Pennsylvania Railroad Co.

152 Misc. 35, 273 N.Y.S. 802, 1934 N.Y. Misc. LEXIS 2015

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 10, 1934

StatusPublished

This text of 152 Misc. 35 (E. W. J. Hearty, Inc. v. Pennsylvania Railroad Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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E. W. J. Hearty, Inc. v. Pennsylvania Railroad Co., 152 Misc. 35, 273 N.Y.S. 802, 1934 N.Y. Misc. LEXIS 2015 (N.Y. Ct. App. 1934).

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Opinion

Per Curiam.

While discovery of the documents seems justified no necessity for a reference appears. The order for examination [36]*36before trial was improperly made, as the subject of the examination was not specified.

Order modified by striking out provision for appointment of referee, the award of twenty dollars costs and direction for examination, without prejudice to renewal of motion for examination, and as modified affirmed, with ten dollars costs to appellant. Discovery to proceed at the Municipal Court, Borough of Manhattan, Fifth District, on May 21, 1934, at two p. m.

All concur; present, Hammer, Callahan and Shientag, JJ.

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Per Curiam.

While discovery of the documents seems justified no necessity for a reference appears. The order for examination [36]*36before trial was improperly made, as the subject of the examination was not specified.

Order modified by striking out provision for appointment of referee, the award of twenty dollars costs and direction for examination, without prejudice to renewal of motion for examination, and as modified affirmed, with ten dollars costs to appellant. Discovery to proceed at the Municipal Court, Borough of Manhattan, Fifth District, on May 21, 1934, at two p. m.

All concur; present, Hammer, Callahan and Shientag, JJ.

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152 Misc. 35, 273 N.Y.S. 802, 1934 N.Y. Misc. LEXIS 2015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/e-w-j-hearty-inc-v-pennsylvania-railroad-co-nyappterm-1934.