Rothstein v. DeSimone

Appellate Division of the Supreme Court of New York

Rothstein v. DeSimone

267 A.D. 771, 45 N.Y.S.2d 294, 1943 N.Y. App. Div. LEXIS 6176

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

DecidedDecember 13, 1943

StatusPublished

Cited by1 cases

This text of 267 A.D. 771 (Rothstein v. DeSimone) 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

Rothstein v. DeSimone, 267 A.D. 771, 45 N.Y.S.2d 294, 1943 N.Y. App. Div. LEXIS 6176 (N.Y. Ct. App. 1943).

Pincite

Opinion

Order directing the examination as an adverse party of defendant partnership through an employee modified on the law by striking out everything following the word “ denied ” in the first ordering paragraph. As thus modified, the order is affirmed, With ten dollars costs and disbursements to appellants, without prejudice to a renewal, upon proper papers, of the motion to examine the employee as a witness. A partnership may not be examined as an adverse party through its employee. (Roberts v. Hayden, 213 App. Div. 1.) Such an employee may be examined as a witness only on the grounds stated in section 288 of the Civil Practice Act. The present record is insufficient to authorize an examination of the employee as such witness. Close, P. J., Carswell, Johnston, Taylor and Lewis, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Order directing the examination as an adverse party of defendant partnership through an employee modified on the law by striking out everything following the word “ denied ” in the first ordering paragraph. As thus modified, the order is affirmed, With ten dollars costs and disbursements to appellants, without prejudice to a renewal, upon proper papers, of the motion to examine the employee as a witness. A partnership may not be examined as an adverse party through its employee. (Roberts v. Hayden, 213 App. Div. 1.) Such an employee may be examined as a witness only on the grounds stated in section 288 of the Civil Practice Act. The present record is insufficient to authorize an examination of the employee as such witness. Close, P. J., Carswell, Johnston, Taylor and Lewis, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

267 A.D. 771, 45 N.Y.S.2d 294, 1943 N.Y. App. Div. LEXIS 6176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rothstein-v-desimone-nyappdiv-1943.

Opinion

Related

Cite This Page — Counsel Stack