Histon v. Hearn Department Stores, Inc.

Appellate Division of the Supreme Court of New York

Histon v. Hearn Department Stores, Inc.

8 A.D.2d 801, 188 N.Y.S.2d 270, 1959 N.Y. App. Div. LEXIS 7846

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

DecidedJune 23, 1959

StatusPublished

This text of 8 A.D.2d 801 (Histon v. Hearn Department Stores, Inc.) 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

Histon v. Hearn Department Stores, Inc., 8 A.D.2d 801, 188 N.Y.S.2d 270, 1959 N.Y. App. Div. LEXIS 7846 (N.Y. Ct. App. 1959).

Pincite

Opinion

Order denying conditionally, plaintiffs’ motion to vacate the notices of examination before trial unanimously reversed, on the law and in the court’s discretion, with $20 costs and disbursements to defendant-appellant-respondent and motion denied without qualification. This is not a class action. Each plaintiff sues on his or her own behalf, but for convenience, all have joined [802]*802together in one action. Defendant is entitled, if it deems it necessary, to examine each plaintiff with respect to matters that are relevant and material. The factual situation, particularly with respect to the affirmative defenses, may not be the same with respect to all plaintiffs. Concur — Breitel, J. P., Rabin, M. M. Prank, McNally and Stevens, JJ.

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Order denying conditionally, plaintiffs’ motion to vacate the notices of examination before trial unanimously reversed, on the law and in the court’s discretion, with $20 costs and disbursements to defendant-appellant-respondent and motion denied without qualification. This is not a class action. Each plaintiff sues on his or her own behalf, but for convenience, all have joined [802]*802together in one action. Defendant is entitled, if it deems it necessary, to examine each plaintiff with respect to matters that are relevant and material. The factual situation, particularly with respect to the affirmative defenses, may not be the same with respect to all plaintiffs. Concur — Breitel, J. P., Rabin, M. M. Prank, McNally and Stevens, JJ.

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Bluebook (online)

8 A.D.2d 801, 188 N.Y.S.2d 270, 1959 N.Y. App. Div. LEXIS 7846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/histon-v-hearn-department-stores-inc-nyappdiv-1959.