Wax v. Sacks

Appellate Division of the Supreme Court of New York

Wax v. Sacks

280 A.D. 900, 115 N.Y.S.2d 658, 1952 N.Y. App. Div. LEXIS 4097

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

DecidedSeptember 29, 1952

StatusPublished

Cited by6 cases

This text of 280 A.D. 900 (Wax v. Sacks) 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

Wax v. Sacks, 280 A.D. 900, 115 N.Y.S.2d 658, 1952 N.Y. App. Div. LEXIS 4097 (N.Y. Ct. App. 1952).

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Opinion

In an action for slander, plaintiffs appeal from an order directing the examination, by defendants, of a witness. Order reversed on the law and the facts, with $10 costs and disbursements, and motion to vacate the notice of examination granted, with $10 costs. Respondents failed to show special circumstances warranting the examination of the person sought to be examined (Civ. Prae. Act, § 288). He is not a party or the agent or employee of a party to the action (Rules Civ. Prae., rule 121-a). Respondents deny they ever made to him any of the alleged scandalous statements which the plaintiffs have the burden of establishing. The examination is not sought to establish the truth of the alleged statements. (Cf. Sommers v. New Torh World-Telegram Corp., 279 App. Div. 937.) Nolan, P. J., Carswell, Johnston, MacCrate and Schmidt, JJ., concur.

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In an action for slander, plaintiffs appeal from an order directing the examination, by defendants, of a witness. Order reversed on the law and the facts, with $10 costs and disbursements, and motion to vacate the notice of examination granted, with $10 costs. Respondents failed to show special circumstances warranting the examination of the person sought to be examined (Civ. Prae. Act, § 288). He is not a party or the agent or employee of a party to the action (Rules Civ. Prae., rule 121-a). Respondents deny they ever made to him any of the alleged scandalous statements which the plaintiffs have the burden of establishing. The examination is not sought to establish the truth of the alleged statements. (Cf. Sommers v. New Torh World-Telegram Corp., 279 App. Div. 937.) Nolan, P. J., Carswell, Johnston, MacCrate and Schmidt, JJ., concur.

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Bluebook (online)

280 A.D. 900, 115 N.Y.S.2d 658, 1952 N.Y. App. Div. LEXIS 4097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wax-v-sacks-nyappdiv-1952.

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