Mckee-Berger-Mansueto, Inc. v. Federman

Appellate Division of the Supreme Court of New York

Mckee-Berger-Mansueto, Inc. v. Federman

27 A.D.2d 829, 281 N.Y.S.2d 969, 1967 N.Y. App. Div. LEXIS 4578

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

DecidedMarch 21, 1967

StatusPublished

This text of 27 A.D.2d 829 (Mckee-Berger-Mansueto, Inc. v. Federman) 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

Mckee-Berger-Mansueto, Inc. v. Federman, 27 A.D.2d 829, 281 N.Y.S.2d 969, 1967 N.Y. App. Div. LEXIS 4578 (N.Y. Ct. App. 1967).

Pincite

Opinion

Order entered November 4, 1966, unanimously

modified, on the law and the facts and as a matter of discretion, without costs or disbursements, to vacate plaintiffs’ notice of examination with leave to serve a new notice on defendants on completion of the latters’ examination. Plaintiffs’ notice to examine before trial was served prematurely (Fund of Funds v. Waddell & Reed, 26 A D 2d 809; Van Valkenburgh, Nooger & Neville v. John F. Rider Publisher, Inc., 24 A D 2d 437). No special circumstances are shown which would overcome defendants’ right to priority of examination. Settle order on notice. Concur — Steuer, J. P., Tilzer, Rabin, McNally and Staley, Jr., JJ.

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Order entered November 4, 1966, unanimously

modified, on the law and the facts and as a matter of discretion, without costs or disbursements, to vacate plaintiffs’ notice of examination with leave to serve a new notice on defendants on completion of the latters’ examination. Plaintiffs’ notice to examine before trial was served prematurely (Fund of Funds v. Waddell & Reed, 26 A D 2d 809; Van Valkenburgh, Nooger & Neville v. John F. Rider Publisher, Inc., 24 A D 2d 437). No special circumstances are shown which would overcome defendants’ right to priority of examination. Settle order on notice. Concur — Steuer, J. P., Tilzer, Rabin, McNally and Staley, Jr., JJ.

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Bluebook (online)

27 A.D.2d 829, 281 N.Y.S.2d 969, 1967 N.Y. App. Div. LEXIS 4578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckee-berger-mansueto-inc-v-federman-nyappdiv-1967.