Everhart v. Spanish Gardens-Jackson Heights, Inc.

Appellate Division of the Supreme Court of New York

Everhart v. Spanish Gardens-Jackson Heights, Inc.

261 A.D. 973, 27 N.Y.S.2d 998, 1941 N.Y. App. Div. LEXIS 8391

Appellate Division of the Supreme Court of the State of New York·Decided March 10, 1941·Published

Opinion

In an action by an infant to recover damages for personal injuries and by his father for loss of services, plaintiffs’ motion to vacate an order for the examination before trial of the father was granted in part, and defendants appeal. Order, in so far as appealed from, modified to the extent of permitting defendants to examine the father as to item No. 3, and, as so modified, the order is affirmed, without costs, the examination to proceed on five days’ notice. No opinion. Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ., concur.

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In an action by an infant to recover damages for personal injuries and by his father for loss of services, plaintiffs’ motion to vacate an order for the examination before trial of the father was granted in part, and defendants appeal. Order, in so far as appealed from, modified to the extent of permitting defendants to examine the father as to item No. 3, and, as so modified, the order is affirmed, without costs, the examination to proceed on five days’ notice. No opinion. Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ., concur.

Everhart v. Spanish Gardens-Jackson Heights, Inc., 261 A.D. 973, 27 N.Y.S.2d 998, 1941 N.Y. App. Div. LEXIS 8391 (N.Y. Ct. App. 1941).

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