Hubschman v. Hornstein

Appellate Division of the Supreme Court of New York

Hubschman v. Hornstein

241 A.D. 531, 272 N.Y.S. 709, 1934 N.Y. App. Div. LEXIS 8298

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

DecidedJune 21, 1934

StatusPublished

This text of 241 A.D. 531 (Hubschman v. Hornstein) 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

Hubschman v. Hornstein, 241 A.D. 531, 272 N.Y.S. 709, 1934 N.Y. App. Div. LEXIS 8298 (N.Y. Ct. App. 1934).

Pincite

Opinions

Per Curiam.

We are of the opinion that the application was not made in good faith. The complaint is very simple and covers but two and a half pages of the record. The failure to evidence good faith is shown in part by the notice of motion for the examination which contains 270 items, many of which are clearly without the slightest merit.

The order should be affirmed, with twenty dollars costs and disbursements.

Present — Finch, P. J., Merrell, Martin, O’Malley and Untermyer, JJ.; Finch, P. J., and Untermyer, J., dissent and vote for modification.

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Per Curiam.

We are of the opinion that the application was not made in good faith. The complaint is very simple and covers but two and a half pages of the record. The failure to evidence good faith is shown in part by the notice of motion for the examination which contains 270 items, many of which are clearly without the slightest merit.

The order should be affirmed, with twenty dollars costs and disbursements.

Present — Finch, P. J., Merrell, Martin, O’Malley and Untermyer, JJ.; Finch, P. J., and Untermyer, J., dissent and vote for modification.

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Bluebook (online)

241 A.D. 531, 272 N.Y.S. 709, 1934 N.Y. App. Div. LEXIS 8298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hubschman-v-hornstein-nyappdiv-1934.