McGrath v. Vaccaro

Appellate Division of the Supreme Court of New York

McGrath v. Vaccaro

270 A.D. 948, 62 N.Y.S.2d 244, 1946 N.Y. App. Div. LEXIS 4823

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

DecidedMay 20, 1946

StatusPublished

This text of 270 A.D. 948 (McGrath v. Vaccaro) 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

McGrath v. Vaccaro, 270 A.D. 948, 62 N.Y.S.2d 244, 1946 N.Y. App. Div. LEXIS 4823 (N.Y. Ct. App. 1946).

Pincite

Opinion

On appeal from that part of an order which grants plaintiff’s motion for a discovery and inspection of liability insurance policies in effect during the year in which the accident alleged in the complaint occurred, order, insofar as appealed from, affirmed, with $10 costs and disbursements. (Martyn v. Braun, 270 App. Div. 768, and cases there cited.) We cannot say .at this time that such proof may not become relevant upon the trial and be considered by the jury under proper instructions on the issue of control. Lewis, P. J., Hagarty and Nolan, JJ., concur; Adel and Aldrich, JJ., dissent and, insofar as appealed from, vote [949]*949to reverse the order and deny the motion, for the reasons stated in the dissenting memorandum of Adel, J., in Martyn v. Braun (supra). [See post, p. 1016.]

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

On appeal from that part of an order which grants plaintiff’s motion for a discovery and inspection of liability insurance policies in effect during the year in which the accident alleged in the complaint occurred, order, insofar as appealed from, affirmed, with $10 costs and disbursements. (Martyn v. Braun, 270 App. Div. 768, and cases there cited.) We cannot say .at this time that such proof may not become relevant upon the trial and be considered by the jury under proper instructions on the issue of control. Lewis, P. J., Hagarty and Nolan, JJ., concur; Adel and Aldrich, JJ., dissent and, insofar as appealed from, vote [949]*949to reverse the order and deny the motion, for the reasons stated in the dissenting memorandum of Adel, J., in Martyn v. Braun (supra). [See post, p. 1016.]

Cite This Page — Counsel Stack

Bluebook (online)

270 A.D. 948, 62 N.Y.S.2d 244, 1946 N.Y. App. Div. LEXIS 4823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgrath-v-vaccaro-nyappdiv-1946.

Opinion

Related

Cite This Page — Counsel Stack