Olsen v. Dalzellido, Inc.

S.D. New York

Olsen v. Dalzellido, Inc.

23 F.R.D. 186, 2 Fed. R. Serv. 2d 478, 1959 U.S. Dist. LEXIS 4083

DecidedFebruary 27, 1959

StatusPublished

This text of 23 F.R.D. 186 (Olsen v. Dalzellido, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Olsen v. Dalzellido, Inc., 23 F.R.D. 186, 2 Fed. R. Serv. 2d 478, 1959 U.S. Dist. LEXIS 4083 (S.D.N.Y. 1959).

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Opinion

SUGARMAN, District Judge.

I decline to sign the annexed ex parte order sought by the plaintiff for leave to serve interrogatories upon the defendant within ten days after the commencement of the within action.

Rule 33 should be read in conjunction with Rule 26. 4 Moore’s Fed. Prac. (2d ed.) 2273.

I adopt the reasoning advanced in 4 Moore’s Fed.Prac. (2d ed.) 1048, that special reason to obtain leave should be shown. The plaintiff’s condition immediately after his mishap is not uncommon in cases of this kind and does not constistute justification for granting the relief sought herein.

However, this disposition is without prejudice to an application for the same relief on notice. F.R.Civ.P. 33, 28 U.S. C.A.

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SUGARMAN, District Judge.

I decline to sign the annexed ex parte order sought by the plaintiff for leave to serve interrogatories upon the defendant within ten days after the commencement of the within action.

Rule 33 should be read in conjunction with Rule 26. 4 Moore’s Fed. Prac. (2d ed.) 2273.

I adopt the reasoning advanced in 4 Moore’s Fed.Prac. (2d ed.) 1048, that special reason to obtain leave should be shown. The plaintiff’s condition immediately after his mishap is not uncommon in cases of this kind and does not constistute justification for granting the relief sought herein.

However, this disposition is without prejudice to an application for the same relief on notice. F.R.Civ.P. 33, 28 U.S. C.A.

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23 F.R.D. 186, 2 Fed. R. Serv. 2d 478, 1959 U.S. Dist. LEXIS 4083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olsen-v-dalzellido-inc-nysd-1959.