Shahmoon v. Shahmoon

New York Supreme Court

Shahmoon v. Shahmoon

11 Misc. 2d 775, 172 N.Y.S.2d 938, 1956 N.Y. Misc. LEXIS 1939

DecidedApril 16, 1956

StatusPublished

This text of 11 Misc. 2d 775 (Shahmoon v. Shahmoon) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shahmoon v. Shahmoon, 11 Misc. 2d 775, 172 N.Y.S.2d 938, 1956 N.Y. Misc. LEXIS 1939 (N.Y. Super. Ct. 1956).

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Opinion

Arthur D. Brennan, J.

The plaintiff’s motion to vacate the defendant’s demand for a bill of particulars is granted to the extent that items 1(a), 1(b), 6 and 10 are disallowed; in [776]*776all other respects, the motion is denied. The plaintiff’s motion to vacate the defendant’s notice for a pretrial examination of the plaintiff’s assignor, as a witness, is granted. In this court’s opinion, a notice for a pretrial examination of a plaintiff’s assignor, as a witness, is unauthorized where said witness is a nonresident of this State and the notice requires the plaintiff to produce the witness for examination in this State. If the defendant deems that he has a right to examine said witness before trial in this State, he should proceed by motion for such relief. (See Manley v. Stuart Silver Co., 203 Misc . 218.)

Settle orders on notice.

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Arthur D. Brennan, J.

The plaintiff’s motion to vacate the defendant’s demand for a bill of particulars is granted to the extent that items 1(a), 1(b), 6 and 10 are disallowed; in [776]*776all other respects, the motion is denied. The plaintiff’s motion to vacate the defendant’s notice for a pretrial examination of the plaintiff’s assignor, as a witness, is granted. In this court’s opinion, a notice for a pretrial examination of a plaintiff’s assignor, as a witness, is unauthorized where said witness is a nonresident of this State and the notice requires the plaintiff to produce the witness for examination in this State. If the defendant deems that he has a right to examine said witness before trial in this State, he should proceed by motion for such relief. (See Manley v. Stuart Silver Co., 203 Misc . 218.)

Settle orders on notice.

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Bluebook (online)

11 Misc. 2d 775, 172 N.Y.S.2d 938, 1956 N.Y. Misc. LEXIS 1939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shahmoon-v-shahmoon-nysupct-1956.