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Fitzgerald v. Fitzgerald

262 A.D. 708, 27 N.Y.S.2d 348, 1941 N.Y. App. Div. LEXIS 5477
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 2, 1941
StatusPublished
Cited by9 cases

This text of 262 A.D. 708 (Fitzgerald v. Fitzgerald) 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
Fitzgerald v. Fitzgerald, 262 A.D. 708, 27 N.Y.S.2d 348, 1941 N.Y. App. Div. LEXIS 5477 (N.Y. Ct. App. 1941).

Opinion

Order unanimously modified by providing that the examination of defendant upon the matters set forth in plaintiff’s notice of motion be held in the State of California upon written interrogatories, as provided in section 302 of the Civil Practice Act, and the Rules of Civil Practice applicable to such examinations. In the alternative, if plaintiff so prefers, the testimony may be taken in California upon open commission. In the latter event the necessary disbursements of the attorneys for both sides in attending upon the examination shall be paid by their respective clients. The party ultimately successful in the action may tax such payments as a disbursement. Otherwise, order affirmed. Bill of particulars to be served within twenty days after service of order to be entered hereon. No opinion. Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.; O’Malley, J., concurs. (See Probst v. Frenkel, 240 App. Div. 504.) Settle order on notice.

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Cite This Page — Counsel Stack

Bluebook (online)
262 A.D. 708, 27 N.Y.S.2d 348, 1941 N.Y. App. Div. LEXIS 5477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzgerald-v-fitzgerald-nyappdiv-1941.