First National Bank v. Alterman

Appellate Division of the Supreme Court of New York

First National Bank v. Alterman

253 A.D. 740, 300 N.Y.S. 778, 1937 N.Y. App. Div. LEXIS 5413

Appellate Division of the Supreme Court of the State of New York·Decided December 17, 1937·Published·Cited by 1 cases

Opinion

The Special Term granted a motion by defendant to take the deposition of a non-resident witness, under the provisions of section 307 of the Civil Practice Act, who refused to make an affidavit on defendant’s motion for a new trial on newly-discovered evidence. The order was one resting in the discretion of the trial justice. Order affirmed, with ten dollars costs and disbursements; the examination to proceed on five days’ notice as directed in the order. Hagarty, Carswell, Davis, Johnston and Adel, JJ., concur.

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The Special Term granted a motion by defendant to take the deposition of a non-resident witness, under the provisions of section 307 of the Civil Practice Act, who refused to make an affidavit on defendant’s motion for a new trial on newly-discovered evidence. The order was one resting in the discretion of the trial justice. Order affirmed, with ten dollars costs and disbursements; the examination to proceed on five days’ notice as directed in the order. Hagarty, Carswell, Davis, Johnston and Adel, JJ., concur.

First National Bank v. Alterman, 253 A.D. 740, 300 N.Y.S. 778, 1937 N.Y. App. Div. LEXIS 5413 (N.Y. Ct. App. 1937).

Pincite

253 A.D. 740 (First National Bank v. Alterman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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