Pass v. B.S.F. Co.

Appellate Division of the Supreme Court of New York

Pass v. B.S.F. Co.

40 A.D.2d 813

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

DecidedNovember 28, 1972

StatusPublished

This text of 40 A.D.2d 813 (Pass v. B.S.F. Co.) 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

Pass v. B.S.F. Co., 40 A.D.2d 813 (N.Y. Ct. App. 1972).

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Opinion

Order, Supreme Court, New York County, entered June 16,1972, unanimously reversed, on the law and the facts, without costs and without disbursements, and motion to take the deposition of Maurice Goodman as a witness in -the action granted. Defendant upon a motion for summary judgment obtained an affidavit from Maurice Goodman. Upon the return of the motion defendant was confronted with another affidavit from the same affiant giving a different and quite contradictory version of the operative facts. Defendants promptly moved to depose the witness. We believe that these facts constitute special circumstances entitling the defendant to examine. Concur—Markewich, J. P., Kupferman, Murphy, McNally and Steuer, JJ.

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Order, Supreme Court, New York County, entered June 16,1972, unanimously reversed, on the law and the facts, without costs and without disbursements, and motion to take the deposition of Maurice Goodman as a witness in -the action granted. Defendant upon a motion for summary judgment obtained an affidavit from Maurice Goodman. Upon the return of the motion defendant was confronted with another affidavit from the same affiant giving a different and quite contradictory version of the operative facts. Defendants promptly moved to depose the witness. We believe that these facts constitute special circumstances entitling the defendant to examine. Concur—Markewich, J. P., Kupferman, Murphy, McNally and Steuer, JJ.

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Bluebook (online)

40 A.D.2d 813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pass-v-bsf-co-nyappdiv-1972.