Johansen v. Johansen

Appellate Division of the Supreme Court of New York

Johansen v. Johansen

24 A.D.2d 451, 260 N.Y.S.2d 416, 1965 N.Y. App. Div. LEXIS 4017

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

DecidedJune 1, 1965

StatusPublished

This text of 24 A.D.2d 451 (Johansen v. Johansen) 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

Johansen v. Johansen, 24 A.D.2d 451, 260 N.Y.S.2d 416, 1965 N.Y. App. Div. LEXIS 4017 (N.Y. Ct. App. 1965).

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Opinion

In an action for an accounting, plaintiff appeals from an order of the Supreme Court, Kings County, entered February 19, 1965, which denied his motion to take his own deposition on written interrogatories in Norway. Order affirmed, with $10 costs and disbursements. When the action was commenced plaintiff was a resident of this State. Thereafter, he became a resident of Norway. He now moves to take his deposition on written interrogatories. In support of the motion he has submitted only the affidavit of his attorney which merely alleged that he (the plaintiff) “ is suffering from a physical disability which makes the date of his return to the United States uncertain.” Under the circumstances, the motion was properly denied (cf. Johnson v. Phillips, 283 App. Div. 819, 820; Healy v. Rennert, 15 Misc 2d 561, 562). Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.

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In an action for an accounting, plaintiff appeals from an order of the Supreme Court, Kings County, entered February 19, 1965, which denied his motion to take his own deposition on written interrogatories in Norway. Order affirmed, with $10 costs and disbursements. When the action was commenced plaintiff was a resident of this State. Thereafter, he became a resident of Norway. He now moves to take his deposition on written interrogatories. In support of the motion he has submitted only the affidavit of his attorney which merely alleged that he (the plaintiff) “ is suffering from a physical disability which makes the date of his return to the United States uncertain.” Under the circumstances, the motion was properly denied (cf. Johnson v. Phillips, 283 App. Div. 819, 820; Healy v. Rennert, 15 Misc 2d 561, 562). Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.

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Bluebook (online)

24 A.D.2d 451, 260 N.Y.S.2d 416, 1965 N.Y. App. Div. LEXIS 4017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johansen-v-johansen-nyappdiv-1965.

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