Lear v. Upali (USA), Inc.

Appellate Division of the Supreme Court of New York

Lear v. Upali (USA), Inc.

158 A.D.2d 323, 551 N.Y.S.2d 11, 1990 N.Y. App. Div. LEXIS 1139

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

DecidedFebruary 8, 1990

StatusPublished

This text of 158 A.D.2d 323 (Lear v. Upali (USA), Inc.) 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

Lear v. Upali (USA), Inc., 158 A.D.2d 323, 551 N.Y.S.2d 11, 1990 N.Y. App. Div. LEXIS 1139 (N.Y. Ct. App. 1990).

Pincite

Opinion

In this personal injury action, plaintiffs’ decedent was killed along with several others when an airplane owned by defendant Upali (USA) under United States registry was lost at sea during a flight from Malaysia to Sri Lanka. Upali (USA) denied ownership, operation and control of the aircraft. The plaintiffs obtained the deposition of Edward J. Staffenberg, a former director of Upali (USA), who testified that he transferred all Upali (USA) documents to Mr. Murugiah in 1985. Upali (USA) has declined to produce Mr. Murugiah for court-directed deposition or to produce those documents transferred to Mr. Murugiah for court-directed inspection, taking the position that Upali (USA) is no longer in existence and Mr. Murugiah is a nonparty. The record does not support this contention. Rather, the record shows only that Upali (USA) is no longer actively involved in its former business of selling cocoa to chocolate manufacturers, and that Mr. Murugiah is attempting to avoid involvement with this litigation. Concur— Kupferman, J. P., Carro, Milonas, Ellerin and Rubin, JJ.

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In this personal injury action, plaintiffs’ decedent was killed along with several others when an airplane owned by defendant Upali (USA) under United States registry was lost at sea during a flight from Malaysia to Sri Lanka. Upali (USA) denied ownership, operation and control of the aircraft. The plaintiffs obtained the deposition of Edward J. Staffenberg, a former director of Upali (USA), who testified that he transferred all Upali (USA) documents to Mr. Murugiah in 1985. Upali (USA) has declined to produce Mr. Murugiah for court-directed deposition or to produce those documents transferred to Mr. Murugiah for court-directed inspection, taking the position that Upali (USA) is no longer in existence and Mr. Murugiah is a nonparty. The record does not support this contention. Rather, the record shows only that Upali (USA) is no longer actively involved in its former business of selling cocoa to chocolate manufacturers, and that Mr. Murugiah is attempting to avoid involvement with this litigation. Concur— Kupferman, J. P., Carro, Milonas, Ellerin and Rubin, JJ.

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Bluebook (online)

158 A.D.2d 323, 551 N.Y.S.2d 11, 1990 N.Y. App. Div. LEXIS 1139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lear-v-upali-usa-inc-nyappdiv-1990.