Ottmann v. Cohen

Appellate Division of the Supreme Court of New York

Ottmann v. Cohen

281 A.D. 1011, 121 N.Y.S.2d 262, 1953 N.Y. App. Div. LEXIS 4092

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

DecidedMay 5, 1953

StatusPublished

This text of 281 A.D. 1011 (Ottmann v. Cohen) 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

Ottmann v. Cohen, 281 A.D. 1011, 121 N.Y.S.2d 262, 1953 N.Y. App. Div. LEXIS 4092 (N.Y. Ct. App. 1953).

Pincite

Opinion

Order unanimously modified so as to strike therefrom the characterization of the capacity in which defendant Cohen is to be examined as a witness, namely “ against defendant The City of New York ” and as so modified, affirmed. The discovery here is appropriate. Whether as the result thereof a bus driver in the employ of the City of New York may be found to testify upon examination before trial can await the outcome of the discovery. The date for the discovery to proceed shall be fixed in the order. Settle order on notice. Present — Peck, P. J., Glennon, Dore, Van Voorhis and Bergan, JJ.

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Order unanimously modified so as to strike therefrom the characterization of the capacity in which defendant Cohen is to be examined as a witness, namely “ against defendant The City of New York ” and as so modified, affirmed. The discovery here is appropriate. Whether as the result thereof a bus driver in the employ of the City of New York may be found to testify upon examination before trial can await the outcome of the discovery. The date for the discovery to proceed shall be fixed in the order. Settle order on notice. Present — Peck, P. J., Glennon, Dore, Van Voorhis and Bergan, JJ.

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Bluebook (online)

281 A.D. 1011, 121 N.Y.S.2d 262, 1953 N.Y. App. Div. LEXIS 4092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ottmann-v-cohen-nyappdiv-1953.