Kinns v. Stanton

Appellate Division of the Supreme Court of New York

Kinns v. Stanton

262 A.D. 1055, 30 N.Y.S.2d 836, 1941 N.Y. App. Div. LEXIS 7197

Appellate Division of the Supreme Court of the State of New York·Decided October 1, 1941·Published

Opinion

Appeal from an order granting defendant’s motion to set aside plaintiff’s notice of examination before trial. Order vacating notice of examination before trial reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs and disbursements. Examination to be had at any Special Term in Schenectady county on eight days’ notice. Hill, P. J., Crapser and Bliss JJ., concur; Schenek and Foster, JJ., dissent upon the ground that plaintiff has been guilty of gross laches; in addition that the scope of the examination is too broad.

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Appeal from an order granting defendant’s motion to set aside plaintiff’s notice of examination before trial. Order vacating notice of examination before trial reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs and disbursements. Examination to be had at any Special Term in Schenectady county on eight days’ notice. Hill, P. J., Crapser and Bliss JJ., concur; Schenek and Foster, JJ., dissent upon the ground that plaintiff has been guilty of gross laches; in addition that the scope of the examination is too broad.

Kinns v. Stanton, 262 A.D. 1055, 30 N.Y.S.2d 836, 1941 N.Y. App. Div. LEXIS 7197 (N.Y. Ct. App. 1941).

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