Shapiro v. Goldstein

Appellate Division of the Supreme Court of New York

Shapiro v. Goldstein

256 A.D. 996, 10 N.Y.S.2d 548

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

DecidedMarch 13, 1939

StatusPublished

This text of 256 A.D. 996 (Shapiro v. Goldstein) 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

Shapiro v. Goldstein, 256 A.D. 996, 10 N.Y.S.2d 548 (N.Y. Ct. App. 1939).

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Opinion

Order denying appellants’ application to examine J. Lester Shapiro before trial reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs; examination to proceed on five days’ notice. The undisputed facts show that J. Lester Shapiro is in effect the plaintiff and that the named plaintiff is merely his dummy. The “ special circumstances ” referred to in section 288 of the Civil Practice Act are established. (Goodwin Apartment Corp. v. Kronish, 244 App. Div. 747; La Bonte v. Long Island R. R. Co., 242 id. 844; Rubel Corp. v. Rosoff, 251 id. 868.) Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.

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Order denying appellants’ application to examine J. Lester Shapiro before trial reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs; examination to proceed on five days’ notice. The undisputed facts show that J. Lester Shapiro is in effect the plaintiff and that the named plaintiff is merely his dummy. The “ special circumstances ” referred to in section 288 of the Civil Practice Act are established. (Goodwin Apartment Corp. v. Kronish, 244 App. Div. 747; La Bonte v. Long Island R. R. Co., 242 id. 844; Rubel Corp. v. Rosoff, 251 id. 868.) Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.

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Bluebook (online)

256 A.D. 996, 10 N.Y.S.2d 548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shapiro-v-goldstein-nyappdiv-1939.

Opinion

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