Necchi S. p. A. v. Nelco Sewing Machine Co.

Appellate Division of the Supreme Court of New York

Necchi S. p. A. v. Nelco Sewing Machine Co.

23 A.D.2d 543, 256 N.Y.S.2d 347, 1965 N.Y. App. Div. LEXIS 4929

Appellate Division of the Supreme Court of the State of New York·Decided February 4, 1965·Published·Cited by 1 cases

Opinion

Order entered on June 19, 1964, modifying defendants’ notice of examination before trial and naming Gino Gastaldi, plaintiff’s former vice-president and director, as the first person to be examined by the defendants, unanimously modified, on the law and the facts and in the exercise of discretion, with $30 costs and disbursements to appellant, by eliminating from defendants’ notice of examination before trial all named witnesses and permitting the examination of the plaintiff to proceed upon the production by the plaintiff of a witness having knowledge of the facts. There are no special circumstances in this ease to depart from the general rule as set forth in United States Overseas Airlines v. Cox (283 App. Div. 31) that a corporation to be examined may produce an officer or employee having knowledge of the facts under inquiry and the choice of witnesses does not rest in the first instance with the examining parity. Concur — Botein, P. J., Valente, McNally, Eager and Staley, JJ.

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

Order entered on June 19, 1964, modifying defendants’ notice of examination before trial and naming Gino Gastaldi, plaintiff’s former vice-president and director, as the first person to be examined by the defendants, unanimously modified, on the law and the facts and in the exercise of discretion, with $30 costs and disbursements to appellant, by eliminating from defendants’ notice of examination before trial all named witnesses and permitting the examination of the plaintiff to proceed upon the production by the plaintiff of a witness having knowledge of the facts. There are no special circumstances in this ease to depart from the general rule as set forth in United States Overseas Airlines v. Cox (283 App. Div. 31) that a corporation to be examined may produce an officer or employee having knowledge of the facts under inquiry and the choice of witnesses does not rest in the first instance with the examining parity. Concur — Botein, P. J., Valente, McNally, Eager and Staley, JJ.

Necchi S. p. A. v. Nelco Sewing Machine Co., 23 A.D.2d 543, 256 N.Y.S.2d 347, 1965 N.Y. App. Div. LEXIS 4929 (N.Y. Ct. App. 1965).

Pincite

23 A.D.2d 543 (Necchi S. p. A. v. Nelco Sewing Machine Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related