Grennan v. Coles

Appellate Division of the Supreme Court of New York

Grennan v. Coles

230 A.D. 728

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1930·Published·Cited by 2 cases

Opinion

Order granting defendants’ motion to vacate notice of examination before trial of the defaulting party defendant, Christiensen, affirmed, with ten dollars costs and disbursements. (Mackay, Lovell & Co., Inc., v. Dillon, 215 App. Div. 842.) This disposition is made -without prejudice to an application, if plaintiff be so advised, to take the testimony of Julie Christiensen as a witness in the event that facts can be shown that will comply with the requirements of section 288 of the Civil-Practice Act, with respect to her claimed infirmities affording reasonable grounds for a belief that she will be unable to attend the trial. Lazansky, P. J., Rich, Kapper, Hagarty and Carswell, JJ., concur.

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Order granting defendants’ motion to vacate notice of examination before trial of the defaulting party defendant, Christiensen, affirmed, with ten dollars costs and disbursements. (Mackay, Lovell & Co., Inc., v. Dillon, 215 App. Div. 842.) This disposition is made -without prejudice to an application, if plaintiff be so advised, to take the testimony of Julie Christiensen as a witness in the event that facts can be shown that will comply with the requirements of section 288 of the Civil-Practice Act, with respect to her claimed infirmities affording reasonable grounds for a belief that she will be unable to attend the trial. Lazansky, P. J., Rich, Kapper, Hagarty and Carswell, JJ., concur.

Grennan v. Coles, 230 A.D. 728 (N.Y. Ct. App. 1930).

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Opinion

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