Northrop v. Theodore Luce, Inc.

Appellate Division of the Supreme Court of New York

Northrop v. Theodore Luce, Inc.

243 A.D. 617

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1935·Published

Opinion

In an action to recover for the wrongful death of plaintiffs’ decedent as the result of his being struck by defendant’s motor truck while crossing a street, order granting defendant’s motion to vacate a stipulation modified by conditioning the vacatur upon the submission by defendant, on five days’ notice, to the examination required by the notice of examination served by the plaintiffs on April 16, 1934. As so modified, the order is affirmed, without costs. No opinion. Lazansky, P. J., Young, Carswell, Davis and Johnston, JJ., concur.

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In an action to recover for the wrongful death of plaintiffs’ decedent as the result of his being struck by defendant’s motor truck while crossing a street, order granting defendant’s motion to vacate a stipulation modified by conditioning the vacatur upon the submission by defendant, on five days’ notice, to the examination required by the notice of examination served by the plaintiffs on April 16, 1934. As so modified, the order is affirmed, without costs. No opinion. Lazansky, P. J., Young, Carswell, Davis and Johnston, JJ., concur.

Northrop v. Theodore Luce, Inc., 243 A.D. 617 (N.Y. Ct. App. 1935).

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