McGready v. Haight

Appellate Division of the Supreme Court of New York

McGready v. Haight

48 N.Y.S. 39

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

DecidedNovember 30, 1897

StatusPublished

Cited by2 cases

This text of 48 N.Y.S. 39 (McGready v. Haight) 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

McGready v. Haight, 48 N.Y.S. 39 (N.Y. Ct. App. 1897).

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Opinion

PER CURIAM.

This motion was properly denied. The case, in all its substantial aspects, falls within the decision in Talbot v. Doran & Wright Co. (Com. Pl.) 9 N. Y. Supp. 478. This case is also supported by other authorities. Miller v. Kent, 59 How. Prac. 321; Judah v. Lane, 14 Daly, 308. These authorities are conclusive of plaintiff’s right to have the examination asked for.

The appeal from the order denying defendants’ motion to change the place of trial from Queens to New York county should also be affirmed. Nothing appears in the papers which requires us to interfere with the discretion of the court below in the denial of the motion. It has the support of authority. Daley v. Hellman (Sup.) 16 N. Y. Supp. 689.

The order in each case should be affirmed, with $10 costs in one case, and disbursements in both.

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PER CURIAM.

This motion was properly denied. The case, in all its substantial aspects, falls within the decision in Talbot v. Doran & Wright Co. (Com. Pl.) 9 N. Y. Supp. 478. This case is also supported by other authorities. Miller v. Kent, 59 How. Prac. 321; Judah v. Lane, 14 Daly, 308. These authorities are conclusive of plaintiff’s right to have the examination asked for.

The appeal from the order denying defendants’ motion to change the place of trial from Queens to New York county should also be affirmed. Nothing appears in the papers which requires us to interfere with the discretion of the court below in the denial of the motion. It has the support of authority. Daley v. Hellman (Sup.) 16 N. Y. Supp. 689.

The order in each case should be affirmed, with $10 costs in one case, and disbursements in both.

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Bluebook (online)

48 N.Y.S. 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgready-v-haight-nyappdiv-1897.

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