McGrath v. Blumenthal

Appellate Division of the Supreme Court of New York

McGrath v. Blumenthal

220 A.D. 781

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1927·Published·Cited by 16 cases

Opinion

Order vacating examination of defendant Rudolph Blumenthal before trial reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The fact, if it be a fact, that plaintiff already has knowledge of the matters sought to be elicited by the examination of said defendant is no reason for refusing the examination. (Istok v. Senderling, 118 App. Div. 162; Terry v. Ross Heater & Mfg. Co., 180 id. 714; Pierce v. Morris, 192 id. 502; Richards v. Whiting, 127 id. 208.) Kelly, P. J., Young, Kapper, Lazansky and Hagarty," JJ., concur.

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Order vacating examination of defendant Rudolph Blumenthal before trial reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The fact, if it be a fact, that plaintiff already has knowledge of the matters sought to be elicited by the examination of said defendant is no reason for refusing the examination. (Istok v. Senderling, 118 App. Div. 162; Terry v. Ross Heater & Mfg. Co., 180 id. 714; Pierce v. Morris, 192 id. 502; Richards v. Whiting, 127 id. 208.) Kelly, P. J., Young, Kapper, Lazansky and Hagarty," JJ., concur.

McGrath v. Blumenthal, 220 A.D. 781 (N.Y. Ct. App. 1927).

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