Thoma v. Swanson

Appellate Division of the Supreme Court of New York

Thoma v. Swanson

281 A.D. 819, 118 N.Y.S.2d 920, 1953 N.Y. App. Div. LEXIS 3429

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

DecidedFebruary 17, 1953

StatusPublished

This text of 281 A.D. 819 (Thoma v. Swanson) 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

Thoma v. Swanson, 281 A.D. 819, 118 N.Y.S.2d 920, 1953 N.Y. App. Div. LEXIS 3429 (N.Y. Ct. App. 1953).

Pincite

Opinion

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted. Defendant has sufficiently shown that she is seeking to establish through witnesses in California that the screen test made by plaintiff did not influence the selection of defendant for the role she played in “ Sunset Boulevard ”, Such testimony is material and necessary and without it defend[820]*820ant would be prejudiced in the defense of the action. The commission should proceed with all possible expedition. Settle order on notice. Present — Dore, J. P., Cohn, Breitel and Bergan, JJ.

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Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted. Defendant has sufficiently shown that she is seeking to establish through witnesses in California that the screen test made by plaintiff did not influence the selection of defendant for the role she played in “ Sunset Boulevard ”, Such testimony is material and necessary and without it defend[820]*820ant would be prejudiced in the defense of the action. The commission should proceed with all possible expedition. Settle order on notice. Present — Dore, J. P., Cohn, Breitel and Bergan, JJ.

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Bluebook (online)

281 A.D. 819, 118 N.Y.S.2d 920, 1953 N.Y. App. Div. LEXIS 3429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thoma-v-swanson-nyappdiv-1953.