Kimball v. John Budd Co.

Appellate Division of the Supreme Court of New York

Kimball v. John Budd Co.

215 A.D. 724

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

DecidedNovember 15, 1925

StatusPublished

Cited by2 cases

This text of 215 A.D. 724 (Kimball v. John Budd 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

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

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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.

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215 A.D. 724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimball-v-john-budd-co-nyappdiv-1925.

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