Pryer v. Henderson

Appellate Terms of the Supreme Court of New York

Pryer v. Henderson

21 Misc. 2d 256, 195 N.Y.S.2d 44, 1959 N.Y. Misc. LEXIS 2352

Appellate Terms of the Supreme Court of New York·Decided December 18, 1959·Published·Cited by 1 cases

Opinion

Per Curiam.

The Nassau County District Court is a court not of record (Judiciary Law, § 2) and therefore did not have power to order a discovery and inspection pursuant to the provisions of section 324 of the Civil Practice Act; and such power is not specifically conferred on it by any provision of the Nassau County District Court Act.

The order should be unanimously reversed upon the law, with $10 costs to defendant and motion denied. The court was without power to make the order appealed from.

Concur — Pette, Di Giovanna and Brown, JJ.

Order reversed, etc.

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Per Curiam.

The Nassau County District Court is a court not of record (Judiciary Law, § 2) and therefore did not have power to order a discovery and inspection pursuant to the provisions of section 324 of the Civil Practice Act; and such power is not specifically conferred on it by any provision of the Nassau County District Court Act.

The order should be unanimously reversed upon the law, with $10 costs to defendant and motion denied. The court was without power to make the order appealed from.

Concur — Pette, Di Giovanna and Brown, JJ.

Order reversed, etc.

Pryer v. Henderson, 21 Misc. 2d 256, 195 N.Y.S.2d 44, 1959 N.Y. Misc. LEXIS 2352 (N.Y. Ct. App. 1959).

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Opinion

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