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Lobdell v. South Buffalo Railway Co.

159 A.D.2d 958, 552 N.Y.S.2d 782, 1990 N.Y. App. Div. LEXIS 3242
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 16, 1990
StatusPublished
Cited by9 cases

This text of 159 A.D.2d 958 (Lobdell v. South Buffalo Railway 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
Lobdell v. South Buffalo Railway Co., 159 A.D.2d 958, 552 N.Y.S.2d 782, 1990 N.Y. App. Div. LEXIS 3242 (N.Y. Ct. App. 1990).

Opinion

Order unanimously affirmed with costs. Memorandum: Supreme Court properly refused to compel plaintiff to answer certain questions asked at an examination before trial. A witness at an examination before trial may not be compelled to answer questions of law, particularly those which relate to his understanding of his contentions in the lawsuit (Blitz v Guardian Life Ins. Co., 99 AD2d 404). Nor may he be compelled to answer questions seeking legal and factual conclusions or questions asking him to draw inferences from the facts (see, Lakeville Merrick Corp. v Town Bd., 23 AD2d 584; Milbeck Apts. v Corby Assocs., 285 App Div 83, 85; 7 Carmody-Wait 2d, NY Prac § 42:50, at 77-78). (Appeal from order of Supreme Court, Erie County, Ricotta, J. — discovery.) Present — Dillon, P. J., Boomer, Green, Balio and Davis, JJ.

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Bluebook (online)
159 A.D.2d 958, 552 N.Y.S.2d 782, 1990 N.Y. App. Div. LEXIS 3242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lobdell-v-south-buffalo-railway-co-nyappdiv-1990.