Hampton v. Rose

Appellate Division of the Supreme Court of New York

Hampton v. Rose

46 A.D.2d 609, 359 N.Y.S.2d 669, 1974 N.Y. App. Div. LEXIS 4019

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

DecidedOctober 8, 1974

StatusPublished

This text of 46 A.D.2d 609 (Hampton v. Rose) 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

Hampton v. Rose, 46 A.D.2d 609, 359 N.Y.S.2d 669, 1974 N.Y. App. Div. LEXIS 4019 (N.Y. Ct. App. 1974).

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Opinion

Order, Supreme Court, New York County, entered on April 5, 1974, unanimously modified, on the law and in the exercise of discretion, to allow the deposition of the witness Cerrino to be taken by plaintiff, and otherwise affirmed, without costs and without disbursements. The witness sought to be examined was employed in the dental office in which plaintiff’s decedent met his death, allegedly by reason of defendants’ negligence, and she attended during the fatal episode. These are special circumstances which support plaintiff’s application. (See O’Riordan v. Northern Westchester Hosp., 19 A D 2d 899.) Settle order on notice, which shall fix a date for the deposition. Concur— McGivern, P. J., Markewich, Nunez, Kupferman and Capozzoli, JJ.

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Order, Supreme Court, New York County, entered on April 5, 1974, unanimously modified, on the law and in the exercise of discretion, to allow the deposition of the witness Cerrino to be taken by plaintiff, and otherwise affirmed, without costs and without disbursements. The witness sought to be examined was employed in the dental office in which plaintiff’s decedent met his death, allegedly by reason of defendants’ negligence, and she attended during the fatal episode. These are special circumstances which support plaintiff’s application. (See O’Riordan v. Northern Westchester Hosp., 19 A D 2d 899.) Settle order on notice, which shall fix a date for the deposition. Concur— McGivern, P. J., Markewich, Nunez, Kupferman and Capozzoli, JJ.

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Bluebook (online)

46 A.D.2d 609, 359 N.Y.S.2d 669, 1974 N.Y. App. Div. LEXIS 4019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hampton-v-rose-nyappdiv-1974.