Miller v. Promuto

Appellate Division of the Supreme Court of New York

Miller v. Promuto

282 A.D. 1051, 126 N.Y.S.2d 906, 1953 N.Y. App. Div. LEXIS 5794

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

DecidedDecember 7, 1953

StatusPublished

This text of 282 A.D. 1051 (Miller v. Promuto) 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

Miller v. Promuto, 282 A.D. 1051, 126 N.Y.S.2d 906, 1953 N.Y. App. Div. LEXIS 5794 (N.Y. Ct. App. 1953).

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Opinion

In an action by a purchaser for specific performance of a contract for the sale of real property, defendants Promuto, the sellers, appeal from an order insofar as it denies their motion to examine plaintiff before trial as to items “ 1 ”, “ 2 ”, “ 3 ”, “ 8 ”, “ 9 ” and “ 10 ”. Order, insofar as appealed from, reversed, with $10 costs and disbursements, and motion granted to examine plaintiff as to the aforementioned items, with $10 costs; examination to proceed on five days’ notice. The denial of the examination as to the items enumerated above was an improvident exercise of discretion. Adel, Acting P. J., Wenzel, MacCrate, Scimidt and Beldock, JJ., concur.

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In an action by a purchaser for specific performance of a contract for the sale of real property, defendants Promuto, the sellers, appeal from an order insofar as it denies their motion to examine plaintiff before trial as to items “ 1 ”, “ 2 ”, “ 3 ”, “ 8 ”, “ 9 ” and “ 10 ”. Order, insofar as appealed from, reversed, with $10 costs and disbursements, and motion granted to examine plaintiff as to the aforementioned items, with $10 costs; examination to proceed on five days’ notice. The denial of the examination as to the items enumerated above was an improvident exercise of discretion. Adel, Acting P. J., Wenzel, MacCrate, Scimidt and Beldock, JJ., concur.

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Bluebook (online)

282 A.D. 1051, 126 N.Y.S.2d 906, 1953 N.Y. App. Div. LEXIS 5794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-promuto-nyappdiv-1953.