Kubera v. Colorado Fuel & Iron Corp.

Appellate Division of the Supreme Court of New York

Kubera v. Colorado Fuel & Iron Corp.

8 A.D.2d 767, 186 N.Y.S.2d 576, 1959 N.Y. App. Div. LEXIS 8595

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

DecidedMay 13, 1959

StatusPublished

This text of 8 A.D.2d 767 (Kubera v. Colorado Fuel & Iron Corp.) 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

Kubera v. Colorado Fuel & Iron Corp., 8 A.D.2d 767, 186 N.Y.S.2d 576, 1959 N.Y. App. Div. LEXIS 8595 (N.Y. Ct. App. 1959).

Pincite

Opinion

Order modified by striking therefrom the third ordering paragraph and as modified affirmed, without costs of this appeal to any party. (See decision in companion case of Kubera v. Colorado Fuel & Iron Corp. ( 8 A D 2d 767). Memorandum: In our opinion the granting of the application of the respondent Eichleay Corporation to examine the plaintiff was an improvident exercise of discretion inasmuch as an identical motion had been denied by a court of co-ordinate jurisdiction. All concur. (Appeal from an order of Erie Special Term granting a motion by defendant Eichleay Corporation to renew its motion to vacate or modify notices to take testimony, allowing examination of plaintiff and codefendant Colorado Fuel and Iron Corp., and amending Judge Fisher’s previous order accordingly.) Present — MeCum, P. J., Williams, Bastow, Goldman and Halpern, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order modified by striking therefrom the third ordering paragraph and as modified affirmed, without costs of this appeal to any party. (See decision in companion case of Kubera v. Colorado Fuel & Iron Corp. ( 8 A D 2d 767). Memorandum: In our opinion the granting of the application of the respondent Eichleay Corporation to examine the plaintiff was an improvident exercise of discretion inasmuch as an identical motion had been denied by a court of co-ordinate jurisdiction. All concur. (Appeal from an order of Erie Special Term granting a motion by defendant Eichleay Corporation to renew its motion to vacate or modify notices to take testimony, allowing examination of plaintiff and codefendant Colorado Fuel and Iron Corp., and amending Judge Fisher’s previous order accordingly.) Present — MeCum, P. J., Williams, Bastow, Goldman and Halpern, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

8 A.D.2d 767, 186 N.Y.S.2d 576, 1959 N.Y. App. Div. LEXIS 8595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kubera-v-colorado-fuel-iron-corp-nyappdiv-1959.