Kimball v. John Budd Co.

Appellate Division of the Supreme Court of New York

Kimball v. John Budd Co.

215 A.D. 724

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1925·Published·Cited by 2 cases

Opinion

Order denying defendant’s motion to vacate notice of examination reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The defendant has the affirmative upon the issues as to which the examination is sought, and plaintiff is not, therefore, entitled to the examination. (Oshinsky v. Gumberg, 188.App. Div. 23; Zappas v. Horwill, 210 id. 861; Middleton v. Boardman, Id. 467, 860; appeal dismissed, 240 N. Y. 552.) Kelly, P. J., Rich, Jayeox, Young and Kapper, JJ., concur.

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Order denying defendant’s motion to vacate notice of examination reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The defendant has the affirmative upon the issues as to which the examination is sought, and plaintiff is not, therefore, entitled to the examination. (Oshinsky v. Gumberg, 188.App. Div. 23; Zappas v. Horwill, 210 id. 861; Middleton v. Boardman, Id. 467, 860; appeal dismissed, 240 N. Y. 552.) Kelly, P. J., Rich, Jayeox, Young and Kapper, JJ., concur.

Kimball v. John Budd Co., 215 A.D. 724 (N.Y. Ct. App. 1925).

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