Josephs v. Long Island Daily Press Publishing Co.

Appellate Division of the Supreme Court of New York

Josephs v. Long Island Daily Press Publishing Co.

4 A.D.2d 955, 167 N.Y.S.2d 866, 1957 N.Y. App. Div. LEXIS 4015

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

DecidedNovember 12, 1957

StatusPublished

This text of 4 A.D.2d 955 (Josephs v. Long Island Daily Press Publishing Co.) 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

Josephs v. Long Island Daily Press Publishing Co., 4 A.D.2d 955, 167 N.Y.S.2d 866, 1957 N.Y. App. Div. LEXIS 4015 (N.Y. Ct. App. 1957).

Pincite

Opinion

In an action to recover damages for libel, the appeal is from an order which on reargument adhered to a decision denying appellant’s motion to vacate and strike out items 2, 3, 4, 5 and 6 of respondent’s notice of examination before trial. Order modified by adding after the word “ denied ” in the second ordering paragraph the words and figures “ as to items 3 and 5, and granted to the extent of striking from item 2 everything following the word ‘herein’, by striking from item 4 everything following the word ‘information’, and by striking out item 6 in its entirety.” Said order is further modified by striking from item 2 and item 4, as set forth in the third ordering paragraph, everything following the word “herein” and the word “information”, respectively, and by striking item 6 from said paragraph. As so modified order affirmed, without costs. Examination to proceed on five days’ notice. In our opinion, respondent’s examination should be limited as indicated above. Nolan, P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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In an action to recover damages for libel, the appeal is from an order which on reargument adhered to a decision denying appellant’s motion to vacate and strike out items 2, 3, 4, 5 and 6 of respondent’s notice of examination before trial. Order modified by adding after the word “ denied ” in the second ordering paragraph the words and figures “ as to items 3 and 5, and granted to the extent of striking from item 2 everything following the word ‘herein’, by striking from item 4 everything following the word ‘information’, and by striking out item 6 in its entirety.” Said order is further modified by striking from item 2 and item 4, as set forth in the third ordering paragraph, everything following the word “herein” and the word “information”, respectively, and by striking item 6 from said paragraph. As so modified order affirmed, without costs. Examination to proceed on five days’ notice. In our opinion, respondent’s examination should be limited as indicated above. Nolan, P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

4 A.D.2d 955, 167 N.Y.S.2d 866, 1957 N.Y. App. Div. LEXIS 4015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/josephs-v-long-island-daily-press-publishing-co-nyappdiv-1957.