Johnston v. City of New York

Appellate Division of the Supreme Court of New York

Johnston v. City of New York

281 A.D. 1023, 121 N.Y.S.2d 322, 1953 N.Y. App. Div. LEXIS 4168

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

DecidedMay 19, 1953

StatusPublished

This text of 281 A.D. 1023 (Johnston v. City of New York) 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

Johnston v. City of New York, 281 A.D. 1023, 121 N.Y.S.2d 322, 1953 N.Y. App. Div. LEXIS 4168 (N.Y. Ct. App. 1953).

Pincite

Opinion

— We find no legislative or judicial sanction for the setting aside of a verdict as a penalty for the noncomplianee with a subpoena duces tecum. Other specific penalties are provided by law. Further, in this case the subpoena served on the city differed materially from that approved by the court and there appears to have been reasonable compliance with the subpoena as approved. Again there is a serious question as to the relevancy of the documents sought or whether they would have aided the plaintiff upon .the trial. Order unanimously reversed, the motion denied and the verdict reinstated. Settle order on notice. Present — Dore, J. P., Callahan, Breitel and Bergan, JJ.

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— We find no legislative or judicial sanction for the setting aside of a verdict as a penalty for the noncomplianee with a subpoena duces tecum. Other specific penalties are provided by law. Further, in this case the subpoena served on the city differed materially from that approved by the court and there appears to have been reasonable compliance with the subpoena as approved. Again there is a serious question as to the relevancy of the documents sought or whether they would have aided the plaintiff upon .the trial. Order unanimously reversed, the motion denied and the verdict reinstated. Settle order on notice. Present — Dore, J. P., Callahan, Breitel and Bergan, JJ.

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Bluebook (online)

281 A.D. 1023, 121 N.Y.S.2d 322, 1953 N.Y. App. Div. LEXIS 4168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnston-v-city-of-new-york-nyappdiv-1953.