Saunders v. Murray

Appellate Division of the Supreme Court of New York

Saunders v. Murray

262 A.D. 764, 28 N.Y.S.2d 716, 1941 N.Y. App. Div. LEXIS 5791

Appellate Division of the Supreme Court of the State of New York·Decided May 19, 1941·Published

Opinion

Appeal by defendant, in an action to recover damages for wrongful death, from an order (a) denying defendant’s motion to vacate a notice of examination before trial and (b) directing the corporation of which defendant is receiver to appear for examination by its officers or other person familiar with the facts. Order affirmed, without costs, the examination to proceed on five days’ notice. The respondent’s practice has become proper. The procedure indicated in the order appealed from is now justified. (Laws of 1941, chap. 921, adding § 292-a to the Civ. Prac. Act and amending § 289 thereof.) Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

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Appeal by defendant, in an action to recover damages for wrongful death, from an order (a) denying defendant’s motion to vacate a notice of examination before trial and (b) directing the corporation of which defendant is receiver to appear for examination by its officers or other person familiar with the facts. Order affirmed, without costs, the examination to proceed on five days’ notice. The respondent’s practice has become proper. The procedure indicated in the order appealed from is now justified. (Laws of 1941, chap. 921, adding § 292-a to the Civ. Prac. Act and amending § 289 thereof.) Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

Saunders v. Murray, 262 A.D. 764, 28 N.Y.S.2d 716, 1941 N.Y. App. Div. LEXIS 5791 (N.Y. Ct. App. 1941).

Pincite

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