Fuller v. Steele

Appellate Division of the Supreme Court of New York

Fuller v. Steele

31 A.D.2d 635, 296 N.Y.S.2d 552, 1968 N.Y. App. Div. LEXIS 2758

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

DecidedDecember 9, 1968

StatusPublished

This text of 31 A.D.2d 635 (Fuller v. Steele) 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

Fuller v. Steele, 31 A.D.2d 635, 296 N.Y.S.2d 552, 1968 N.Y. App. Div. LEXIS 2758 (N.Y. Ct. App. 1968).

Pincite

Opinion

In a negligence action to recover damages for personal injuries and medical expenses, defendants Hooper and Carter appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County, made on resettlement and dated October 30, 1967, as granted plaintiffs’ motion to strike their answer unless they appear for examination before trial. Order modified, on the law and the facts, by amending the condition -therein, insofar as it is applicable to defendant Hooper, so as to require him to submit to examination at the place specified in the order under review at a time to be specified in a 10-day written notice by plaintiffs, which time shall be approximately 10 days before the case reaches trial. As so modified, order affirmed insofar as appealed from, without costs. The examination of defendant Carter shall proceed at the place specified in the order under review at a time -to be specified in a 10-day written notice by plaintiffs, or -at such other time and place as the .parties may agree upon in writing. In our opinion, under all the facts and circumstances, defendants Hooper and Carter should be given another opportunity to appear for examination. Beldoek, P. J., Christ, 'Rabin, Benjamin and Martuscello, JJ., concur.

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

In a negligence action to recover damages for personal injuries and medical expenses, defendants Hooper and Carter appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County, made on resettlement and dated October 30, 1967, as granted plaintiffs’ motion to strike their answer unless they appear for examination before trial. Order modified, on the law and the facts, by amending the condition -therein, insofar as it is applicable to defendant Hooper, so as to require him to submit to examination at the place specified in the order under review at a time to be specified in a 10-day written notice by plaintiffs, which time shall be approximately 10 days before the case reaches trial. As so modified, order affirmed insofar as appealed from, without costs. The examination of defendant Carter shall proceed at the place specified in the order under review at a time -to be specified in a 10-day written notice by plaintiffs, or -at such other time and place as the .parties may agree upon in writing. In our opinion, under all the facts and circumstances, defendants Hooper and Carter should be given another opportunity to appear for examination. Beldoek, P. J., Christ, 'Rabin, Benjamin and Martuscello, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

31 A.D.2d 635, 296 N.Y.S.2d 552, 1968 N.Y. App. Div. LEXIS 2758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuller-v-steele-nyappdiv-1968.