Jerome v. Lewis

Appellate Division of the Supreme Court of New York

Jerome v. Lewis

32 A.D.2d 648, 300 N.Y.S.2d 748, 1969 N.Y. App. Div. LEXIS 4029

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

DecidedMay 12, 1969

StatusPublished

This text of 32 A.D.2d 648 (Jerome v. Lewis) 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

Jerome v. Lewis, 32 A.D.2d 648, 300 N.Y.S.2d 748, 1969 N.Y. App. Div. LEXIS 4029 (N.Y. Ct. App. 1969).

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Opinion

Appeal from two orders of the Supreme Court, Kings County, (1) one dated February 28, 1968, which granted the separate motions of plaintiffs and defendant Lewis for protective orders as to appellant’s notice for discovery and inspection and (2) one dated May 1, 1968, which denied appellant’s motion for a rehearing of said motions. Order dated February 28, 1968 reversed, on the law and the facts, and in the exercise of discretion, and said motions for protective orders denied, with one bill of $10 costs and disbursements against respondents filing separate briefs. The discovery and inspection shall take place at a time and place to be fixed in a written notice of not less than 10 days to be given by appellant, or at such other time and place as the parties may agree. Appeal from order dated May 1, 1968, dismissed as academic, without costs. In our opinion, appellant made an adequate showing that the report and photographs [649]*649sought to be inspected cannot be duplicated and that there was no substantial lack of diligence in conducting its own investigation as to the whereabouts of the wrecked ear. Christ, Acting P. J., Brennan, Hopkins, Munder and Martuscello, JJ., concur.

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Appeal from two orders of the Supreme Court, Kings County, (1) one dated February 28, 1968, which granted the separate motions of plaintiffs and defendant Lewis for protective orders as to appellant’s notice for discovery and inspection and (2) one dated May 1, 1968, which denied appellant’s motion for a rehearing of said motions. Order dated February 28, 1968 reversed, on the law and the facts, and in the exercise of discretion, and said motions for protective orders denied, with one bill of $10 costs and disbursements against respondents filing separate briefs. The discovery and inspection shall take place at a time and place to be fixed in a written notice of not less than 10 days to be given by appellant, or at such other time and place as the parties may agree. Appeal from order dated May 1, 1968, dismissed as academic, without costs. In our opinion, appellant made an adequate showing that the report and photographs [649]*649sought to be inspected cannot be duplicated and that there was no substantial lack of diligence in conducting its own investigation as to the whereabouts of the wrecked ear. Christ, Acting P. J., Brennan, Hopkins, Munder and Martuscello, JJ., concur.

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Bluebook (online)

32 A.D.2d 648, 300 N.Y.S.2d 748, 1969 N.Y. App. Div. LEXIS 4029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jerome-v-lewis-nyappdiv-1969.