Fidelity & Deposit Co. of Maryland v. Public National Bank & Trust Co.
This text of 144 Misc. 327 (Fidelity & Deposit Co. of Maryland v. Public National Bank & Trust Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The plaintiff is not concerned with the controversy between the original defendant and the impleaded defendant (Municipal Service Real Estate Company, Inc., v. D. B. & M. Holding Corporation, 257 N. Y. 423), and it would seem to follow that the provision of section 288 of the Civil Practice Act which permits an examination “ of the original owner of a claim which constitutes, or from which arose, a cause of action acquired by the adverse party’’ (Italics mine) does not authorize an examination of the plaintiff’s assignors. The motion for an examination is denied.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
144 Misc. 327, 258 N.Y.S. 626, 1932 N.Y. Misc. LEXIS 1481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fidelity-deposit-co-of-maryland-v-public-national-bank-trust-co-nysupct-1932.