Schoen v. Morgan Trucking Co.

Appellate Division of the Supreme Court of New York

Schoen v. Morgan Trucking Co.

13 A.D.2d 622, 213 N.Y.S.2d 1, 1961 N.Y. App. Div. LEXIS 11611

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

DecidedApril 4, 1961

StatusPublished

Cited by2 cases

This text of 13 A.D.2d 622 (Schoen v. Morgan Trucking 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

Schoen v. Morgan Trucking Co., 13 A.D.2d 622, 213 N.Y.S.2d 1, 1961 N.Y. App. Div. LEXIS 11611 (N.Y. Ct. App. 1961).

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Opinion

Order, entered on December 22, I960, vacating plaintiffs’ notice of examination of the defendants dated November 30, 1960, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellants, and the motion denied, with $10 costs. An examination before trial of a party may be had on notice. The nonresidence of the defendants, absent a showing of hardship, not demonstrated on this record, does not preclude an examination in the county where the action is pending. (Levett & Co. v. Randall, 9 A D 2d 732.) Settle order on notice fixing date for examination to proceed. Concur — Breitel, J. P., Rabin, Valente, McNally and Eager, JJ.

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Order, entered on December 22, I960, vacating plaintiffs’ notice of examination of the defendants dated November 30, 1960, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellants, and the motion denied, with $10 costs. An examination before trial of a party may be had on notice. The nonresidence of the defendants, absent a showing of hardship, not demonstrated on this record, does not preclude an examination in the county where the action is pending. (Levett & Co. v. Randall, 9 A D 2d 732.) Settle order on notice fixing date for examination to proceed. Concur — Breitel, J. P., Rabin, Valente, McNally and Eager, JJ.

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Bluebook (online)

13 A.D.2d 622, 213 N.Y.S.2d 1, 1961 N.Y. App. Div. LEXIS 11611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schoen-v-morgan-trucking-co-nyappdiv-1961.

Opinion

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