Goldberg v. Lovinger

Appellate Division of the Supreme Court of New York

Goldberg v. Lovinger

261 A.D. 922, 26 N.Y.S.2d 320, 1941 N.Y. App. Div. LEXIS 8099

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

DecidedFebruary 18, 1941

StatusPublished

This text of 261 A.D. 922 (Goldberg v. Lovinger) 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

Goldberg v. Lovinger, 261 A.D. 922, 26 N.Y.S.2d 320, 1941 N.Y. App. Div. LEXIS 8099 (N.Y. Ct. App. 1941).

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Opinion

Appeal by plaintiff from an order in so far as it denies his motion to examine defendant Lovinger before trial and denies the production of books, papers, documents, vouchers and other writings for the purpose of refreshing recollection, etc. Order reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs, to the following extent, using items as numbered in the notice of motion: 38, 39, 40, 41, 42 and 44. Items 6, 7 and 8, as modified by inserting the year “ 1935 ” in place of the year “ 1929 ” in each of said items. Item 9, as modified by inserting “ during and after 1935 ” in place of “ before 1933.” Items 1, 2, 11, 19, 20, 21, 25, 30, 36 and 43, as modified at Special Term. The defendant is directed to produce upon the examination, pursuant to section 296, Civil Practice Act, all books, papers, documents, vouchers, etc.; the examination to proceed upon five days’ notice. Lazansky, P. J., Hagarby, Carswell, Johnston and Taylor, JJ., concur.

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Appeal by plaintiff from an order in so far as it denies his motion to examine defendant Lovinger before trial and denies the production of books, papers, documents, vouchers and other writings for the purpose of refreshing recollection, etc. Order reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs, to the following extent, using items as numbered in the notice of motion: 38, 39, 40, 41, 42 and 44. Items 6, 7 and 8, as modified by inserting the year “ 1935 ” in place of the year “ 1929 ” in each of said items. Item 9, as modified by inserting “ during and after 1935 ” in place of “ before 1933.” Items 1, 2, 11, 19, 20, 21, 25, 30, 36 and 43, as modified at Special Term. The defendant is directed to produce upon the examination, pursuant to section 296, Civil Practice Act, all books, papers, documents, vouchers, etc.; the examination to proceed upon five days’ notice. Lazansky, P. J., Hagarby, Carswell, Johnston and Taylor, JJ., concur.

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Bluebook (online)

261 A.D. 922, 26 N.Y.S.2d 320, 1941 N.Y. App. Div. LEXIS 8099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldberg-v-lovinger-nyappdiv-1941.