Seldin v. Nassau County Medical Center

Appellate Division of the Supreme Court of New York

Seldin v. Nassau County Medical Center

94 A.D.2d 701, 462 N.Y.S.2d 55, 1983 N.Y. App. Div. LEXIS 18130

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

DecidedMay 2, 1983

StatusPublished

Cited by2 cases

This text of 94 A.D.2d 701 (Seldin v. Nassau County Medical Center) 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

Seldin v. Nassau County Medical Center, 94 A.D.2d 701, 462 N.Y.S.2d 55, 1983 N.Y. App. Div. LEXIS 18130 (N.Y. Ct. App. 1983).

Pincite

Opinion

— In a negligence action to recover damages for personal injuries, etc., defendant Alphonso Capone appeals from an order of the Supreme Court, Nassau County (Kelly, J.), entered December 10, 1981, which granted plaintiffs’ motion to strike his second demand for interrogatories. Order reversed, with $50 costs and disbursements, and motion denied. Special Term erred in finding that the mere presence of appellant’s attorney at the examination before trial of plaintiff Robert S. Seldin, without his speaking once, constituted participation which, under CPLR 3130, barred appellant from serving interrogatories upon plaintiffs without leave of court. In addition, the interrogatories seek information which is relevant and necessary to the defense of the action. Thompson, J. P., O’Connor, Brown and Rubin, JJ., concur.

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— In a negligence action to recover damages for personal injuries, etc., defendant Alphonso Capone appeals from an order of the Supreme Court, Nassau County (Kelly, J.), entered December 10, 1981, which granted plaintiffs’ motion to strike his second demand for interrogatories. Order reversed, with $50 costs and disbursements, and motion denied. Special Term erred in finding that the mere presence of appellant’s attorney at the examination before trial of plaintiff Robert S. Seldin, without his speaking once, constituted participation which, under CPLR 3130, barred appellant from serving interrogatories upon plaintiffs without leave of court. In addition, the interrogatories seek information which is relevant and necessary to the defense of the action. Thompson, J. P., O’Connor, Brown and Rubin, JJ., concur.

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Bluebook (online)

94 A.D.2d 701, 462 N.Y.S.2d 55, 1983 N.Y. App. Div. LEXIS 18130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seldin-v-nassau-county-medical-center-nyappdiv-1983.

Opinion

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