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

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

DecidedJune 10, 1938

StatusPublished

This text of 254 A.D. 832 (Gunder v. Title Guarantee & Trust Co.) 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

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).

Pincite

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.

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Bluebook (online)

254 A.D. 832, 6 N.Y.S.2d 331, 1938 N.Y. App. Div. LEXIS 7833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gunder-v-title-guarantee-trust-co-nyappdiv-1938.