Smith v. Flynn

Appellate Division of the Supreme Court of New York

Smith v. Flynn

163 A.D. 868, 147 N.Y.S. 1142

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

DecidedApril 15, 1914

StatusPublished

This text of 163 A.D. 868 (Smith v. Flynn) 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

Smith v. Flynn, 163 A.D. 868, 147 N.Y.S. 1142 (N.Y. Ct. App. 1914).

Pincite

Opinion

In view of the nature of the cause of action, and the defenses raised, defendant has legitimate grounds to examine plaintiff before trial. Being satisfied of defendant’s good faith the court in its discretion may allow such discovery and with the right to examine as to all the defenses raised. (Herbage v. City of Utica, 109 N. Y. 81; Alden v. O'Brien, 138 App. Div. 249; Kornbluth v. Isaacs, 149 id. 108.) While ordinarily we are not disposed to reviev; such an exercise of discretion by the Special Term, we think that the examination here sought can throw much light upon these issues, and that, therefore, in the interests of justice it should be granted. Order of the Special Term in so far as appealed from reversed, with ten dollars costs and disbursements, and plaintiff’s motion to vacate order for examination denied, with ten dollars costs. Jenks, P. J., Burr, Carr, Stapleton and Putnam, JJ., concurred.

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

In view of the nature of the cause of action, and the defenses raised, defendant has legitimate grounds to examine plaintiff before trial. Being satisfied of defendant’s good faith the court in its discretion may allow such discovery and with the right to examine as to all the defenses raised. (Herbage v. City of Utica, 109 N. Y. 81; Alden v. O'Brien, 138 App. Div. 249; Kornbluth v. Isaacs, 149 id. 108.) While ordinarily we are not disposed to reviev; such an exercise of discretion by the Special Term, we think that the examination here sought can throw much light upon these issues, and that, therefore, in the interests of justice it should be granted. Order of the Special Term in so far as appealed from reversed, with ten dollars costs and disbursements, and plaintiff’s motion to vacate order for examination denied, with ten dollars costs. Jenks, P. J., Burr, Carr, Stapleton and Putnam, JJ., concurred.

Cite This Page — Counsel Stack

Bluebook (online)

163 A.D. 868, 147 N.Y.S. 1142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-flynn-nyappdiv-1914.

Opinion

Related

Cite This Page — Counsel Stack