Everite Trading Corp. v. Wanpress Realty Corp.

Appellate Division of the Supreme Court of New York

Everite Trading Corp. v. Wanpress Realty Corp.

262 A.D. 700, 31 N.Y.S.2d 100, 1941 N.Y. App. Div. LEXIS 5461

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

DecidedNovember 28, 1941

StatusPublished

This text of 262 A.D. 700 (Everite Trading Corp. v. Wanpress Realty Corp.) 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

Everite Trading Corp. v. Wanpress Realty Corp., 262 A.D. 700, 31 N.Y.S.2d 100, 1941 N.Y. App. Div. LEXIS 5461 (N.Y. Ct. App. 1941).

Pincite

Opinion

Per Curiam.

Under the circumstances here disclosed, there was no privilege under sections 353 and 354 of the Civil Practice Act. Whether the evidence sought to be elicited by the question objected to would be admissible against the client we need not and do not now determine. The attorney setting up the privilege is a party defendant and the evidence sought relates to a conversation had by him with another attorney likewise a party defendant.

The order appealed from should be reversed, with twenty dollars costs and disbursements, and the witness directed to answer.

Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ,

Order unanimously reversed, with twenty dollars costs and disbursements, and the witness directed to answer. The date for the examination to proceed to be fixed in the order. Settle order.on notice.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Under the circumstances here disclosed, there was no privilege under sections 353 and 354 of the Civil Practice Act. Whether the evidence sought to be elicited by the question objected to would be admissible against the client we need not and do not now determine. The attorney setting up the privilege is a party defendant and the evidence sought relates to a conversation had by him with another attorney likewise a party defendant.

The order appealed from should be reversed, with twenty dollars costs and disbursements, and the witness directed to answer.

Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ,

Order unanimously reversed, with twenty dollars costs and disbursements, and the witness directed to answer. The date for the examination to proceed to be fixed in the order. Settle order.on notice.

Cite This Page — Counsel Stack

Bluebook (online)

262 A.D. 700, 31 N.Y.S.2d 100, 1941 N.Y. App. Div. LEXIS 5461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/everite-trading-corp-v-wanpress-realty-corp-nyappdiv-1941.