Simpson v. Johnson, Drake & Piper, Inc.

Appellate Division of the Supreme Court of New York

Simpson v. Johnson, Drake & Piper, Inc.

249 A.D. 827, 292 N.Y.S. 84

Appellate Division of the Supreme Court of the State of New York·Decided January 8, 1937·Published·Cited by 1 cases

Opinion

Order denying appellant’s motion to vacate orders granting examinations of the appellant’s codefendants before trial and to suppress [828]*828the testimony and proof elicited at such examinations in so far as concerns the appellant, affirmed, with ten dollars costs and disbursements. The failure to give the appellant notice of the examinations before trial precludes the depositions from being read in evidence against it (Civ. Prae. Act, § 303), since it did not waive appearance as in Brooklyn National Bank of New York v. Incorporated Village of Rockville Centre (243 App. Div. 775). Lazansky, P. J., Hagarty, Carswell, Davis and Adel, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Order denying appellant’s motion to vacate orders granting examinations of the appellant’s codefendants before trial and to suppress [828]*828the testimony and proof elicited at such examinations in so far as concerns the appellant, affirmed, with ten dollars costs and disbursements. The failure to give the appellant notice of the examinations before trial precludes the depositions from being read in evidence against it (Civ. Prae. Act, § 303), since it did not waive appearance as in Brooklyn National Bank of New York v. Incorporated Village of Rockville Centre (243 App. Div. 775). Lazansky, P. J., Hagarty, Carswell, Davis and Adel, JJ., concur.

Simpson v. Johnson, Drake & Piper, Inc., 249 A.D. 827, 292 N.Y.S. 84 (N.Y. Ct. App. 1937).

Pincite

249 A.D. 827 (Simpson v. Johnson, Drake & Piper, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related