Elliott v. Vernon Lumber Corp.

Appellate Division of the Supreme Court of New York

Elliott v. Vernon Lumber Corp.

258 A.D. 807, 16 N.Y.S.2d 701, 1939 N.Y. App. Div. LEXIS 7042

Appellate Division of the Supreme Court of the State of New York·Decided November 20, 1939·Published

Opinion

In an action to recover damages for the death of plaintiff’s intestate, caused by the alleged negligent operation of an automobile controlled by defendant, the defendant appeals from an order granting the plaintiff leave to examine the defendant before trial for the purpose of framing his complaint, and extending the plaintiff’s time to serve his complaint until twenty days after the completion of the examination. Order affirmed, with ten dollars costs and disbursements, examination to proceed on five days’ notice. No opinion. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.

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In an action to recover damages for the death of plaintiff’s intestate, caused by the alleged negligent operation of an automobile controlled by defendant, the defendant appeals from an order granting the plaintiff leave to examine the defendant before trial for the purpose of framing his complaint, and extending the plaintiff’s time to serve his complaint until twenty days after the completion of the examination. Order affirmed, with ten dollars costs and disbursements, examination to proceed on five days’ notice. No opinion. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.

Elliott v. Vernon Lumber Corp., 258 A.D. 807, 16 N.Y.S.2d 701, 1939 N.Y. App. Div. LEXIS 7042 (N.Y. Ct. App. 1939).

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258 A.D. 807 (Elliott v. Vernon Lumber Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.