Gunder v. Title Guarantee & Trust Co.

Appellate Division of the Supreme Court of New York

Gunder v. Title Guarantee & Trust Co.

254 A.D. 832, 6 N.Y.S.2d 331, 1938 N.Y. App. Div. LEXIS 7833

Appellate Division of the Supreme Court of the State of New York·Decided June 10, 1938·Published

Opinion

Order unanimously modified by directing defendant to accept the bill dated April 19, 1937, upon condition that plaintiff, within twenty days after service of order, with notice of entry thereof, makes application for the examination of defendant before trial or for discovery, or both, and that if such examination or discovery be granted plaintiff, within ten days after conclusion thereof, shall serve a further verified bill as to items 1, 4 and 9. Upon failure of plaintiff to move for or to obtain such examination or discovery or to serve such further bill, leave is granted to the defendant to move for an order of preclusion as to said items. As so modified, order affirmed, without costs. No opinion. Settle order on notice. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.

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Order unanimously modified by directing defendant to accept the bill dated April 19, 1937, upon condition that plaintiff, within twenty days after service of order, with notice of entry thereof, makes application for the examination of defendant before trial or for discovery, or both, and that if such examination or discovery be granted plaintiff, within ten days after conclusion thereof, shall serve a further verified bill as to items 1, 4 and 9. Upon failure of plaintiff to move for or to obtain such examination or discovery or to serve such further bill, leave is granted to the defendant to move for an order of preclusion as to said items. As so modified, order affirmed, without costs. No opinion. Settle order on notice. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.

Gunder v. Title Guarantee & Trust Co., 254 A.D. 832, 6 N.Y.S.2d 331, 1938 N.Y. App. Div. LEXIS 7833 (N.Y. Ct. App. 1938).

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254 A.D. 832 (Gunder v. Title Guarantee & Trust Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.