Lowndes v. Connolly

Appellate Division of the Supreme Court of New York

Lowndes v. Connolly

264 A.D. 806, 34 N.Y.S.2d 860, 1942 N.Y. App. Div. LEXIS 4804

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

DecidedMay 13, 1942

StatusPublished

Cited by1 cases

This text of 264 A.D. 806 (Lowndes v. Connolly) 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

Lowndes v. Connolly, 264 A.D. 806, 34 N.Y.S.2d 860, 1942 N.Y. App. Div. LEXIS 4804 (N.Y. Ct. App. 1942).

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Opinion

Appeal by John E. Connolly and Nicholas W. Muller, as chairman and executive director of the State Insurance Fund of the State of New York, from an order directing them to submit to an examination before trial in a proceeding brought by petitioner, respondent, for reinstatement. The burden of proof is clearly upon the petitioner, respondent, in this proceeding. The facts which he must obtain for the purpose of the trial and the protection of his position, held by him for over twelve years, are within the peculiar knowledge of these appellants, or are in the records under their control. In this proceeding the claim is made that certain employees of the State Insurance Fund maliciously and willfully exercised their powers in order to secure the dismissal of petitioner, respondent. The proceeding is directed to individuals by reason of their acts and conduct rather than at the State or some one of its agencies. Order affirmed, with costs. Crapser, Heffeman, Schenck and Foster, JJ., concur; Hill, P. J,, concurs in the result.

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Appeal by John E. Connolly and Nicholas W. Muller, as chairman and executive director of the State Insurance Fund of the State of New York, from an order directing them to submit to an examination before trial in a proceeding brought by petitioner, respondent, for reinstatement. The burden of proof is clearly upon the petitioner, respondent, in this proceeding. The facts which he must obtain for the purpose of the trial and the protection of his position, held by him for over twelve years, are within the peculiar knowledge of these appellants, or are in the records under their control. In this proceeding the claim is made that certain employees of the State Insurance Fund maliciously and willfully exercised their powers in order to secure the dismissal of petitioner, respondent. The proceeding is directed to individuals by reason of their acts and conduct rather than at the State or some one of its agencies. Order affirmed, with costs. Crapser, Heffeman, Schenck and Foster, JJ., concur; Hill, P. J,, concurs in the result.

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Bluebook (online)

264 A.D. 806, 34 N.Y.S.2d 860, 1942 N.Y. App. Div. LEXIS 4804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowndes-v-connolly-nyappdiv-1942.

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