Kosiur v. Standard-North Buffalo Foundries, Inc.

Appellate Division of the Supreme Court of New York

Kosiur v. Standard-North Buffalo Foundries, Inc.

255 A.D. 930, 8 N.Y.S.2d 688, 1938 N.Y. App. Div. LEXIS 5880

Appellate Division of the Supreme Court of the State of New York·Decided November 16, 1938·Published·Cited by 7 cases

Opinion

Order modified by striking out the third ordering paragraph and by amending the second ordering paragraph by striking out the words “ and it is further ” and by inserting in place thereof “ such inspection and survey and the taking of pictures to be made on the same occasion at a time to be agreed upon between the parties or in case of failure to agree, by the order of the Special Term,” and as modified affirmed, without costs of this appeal to either party. Memorandum: The third paragraph is stricken out because it does not seek to discover facts but merely names of possible witnesses and this we deny in our discretion. (Gavin v. New York Contracting Co., 122 App. Div. 643; Nocito v. Acierno, Id. 45.) All concur. (The order grants a motion to examine party before trial.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

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Order modified by striking out the third ordering paragraph and by amending the second ordering paragraph by striking out the words “ and it is further ” and by inserting in place thereof “ such inspection and survey and the taking of pictures to be made on the same occasion at a time to be agreed upon between the parties or in case of failure to agree, by the order of the Special Term,” and as modified affirmed, without costs of this appeal to either party. Memorandum: The third paragraph is stricken out because it does not seek to discover facts but merely names of possible witnesses and this we deny in our discretion. (Gavin v. New York Contracting Co., 122 App. Div. 643; Nocito v. Acierno, Id. 45.) All concur. (The order grants a motion to examine party before trial.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

Kosiur v. Standard-North Buffalo Foundries, Inc., 255 A.D. 930, 8 N.Y.S.2d 688, 1938 N.Y. App. Div. LEXIS 5880 (N.Y. Ct. App. 1938).

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255 A.D. 930 (Kosiur v. Standard-North Buffalo Foundries, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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