Perham v. United Feldspar Corp.

Appellate Division of the Supreme Court of New York

Perham v. United Feldspar Corp.

246 A.D. 510

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

Opinion

Order so far as appealed from denying defendant’s motion for examination of plaintiff before trial, and providing in lieu thereof that a commission issue to examine plaintiff on written interrogatories, modified by granting an open commission to issue at defendant’s expense, and as so modified affirmed. No opinion. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.; O’Malley, J., dissents and votes to reverse and grant motion. The date for the examination to proceed to be fixed in the order. Settle order on notice.

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Order so far as appealed from denying defendant’s motion for examination of plaintiff before trial, and providing in lieu thereof that a commission issue to examine plaintiff on written interrogatories, modified by granting an open commission to issue at defendant’s expense, and as so modified affirmed. No opinion. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.; O’Malley, J., dissents and votes to reverse and grant motion. The date for the examination to proceed to be fixed in the order. Settle order on notice.

Perham v. United Feldspar Corp., 246 A.D. 510 (N.Y. Ct. App. 1935).

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