Spencer v. Third Avenue Transit Corp.

City of New York Municipal Court

Spencer v. Third Avenue Transit Corp.

185 Misc. 920, 58 N.Y.S.2d 161, 1945 N.Y. Misc. LEXIS 2405

DecidedOctober 2, 1945

StatusPublished

This text of 185 Misc. 920 (Spencer v. Third Avenue Transit Corp.) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Spencer v. Third Avenue Transit Corp., 185 Misc. 920, 58 N.Y.S.2d 161, 1945 N.Y. Misc. LEXIS 2405 (N.Y. Super. Ct. 1945).

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Opinion

McCuulen, J.

This defendant operates streetcars on the public highways under a public franchise. In these circumstances it seems to me that it is under a duty to disclose to a passenger, injured while riding in one of its cars as a result of a collision between such car and another vehicle, the identity of the owner of such other vehicle. I have had occasion to express this view before (Amato v. Third Ave. Transit Corp,, N. Y. L. J., May 25, 1945, p. 2002, col. 7). The defendant is therefore directed to attend for examination upon the matters set forth in the notice of motion by an appropriate employee at Special Term, Part II, on October 10,1945, at 2:00 p.m. and to produce for use pursuant to section 296 of the Civil Practice Act such of the books, records and papers referred to in the notice of motion as relate to the subject matter of the examination.

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McCuulen, J.

This defendant operates streetcars on the public highways under a public franchise. In these circumstances it seems to me that it is under a duty to disclose to a passenger, injured while riding in one of its cars as a result of a collision between such car and another vehicle, the identity of the owner of such other vehicle. I have had occasion to express this view before (Amato v. Third Ave. Transit Corp,, N. Y. L. J., May 25, 1945, p. 2002, col. 7). The defendant is therefore directed to attend for examination upon the matters set forth in the notice of motion by an appropriate employee at Special Term, Part II, on October 10,1945, at 2:00 p.m. and to produce for use pursuant to section 296 of the Civil Practice Act such of the books, records and papers referred to in the notice of motion as relate to the subject matter of the examination.

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Bluebook (online)

185 Misc. 920, 58 N.Y.S.2d 161, 1945 N.Y. Misc. LEXIS 2405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-third-avenue-transit-corp-nynyccityct-1945.