Weldgen v. Allen

Appellate Division of the Supreme Court of New York

Weldgen v. Allen

255 A.D. 829, 7 N.Y.S.2d 44, 1938 N.Y. App. Div. LEXIS 5462

Appellate Division of the Supreme Court of the State of New York·Decided October 7, 1938·Published

Opinion

Order affirmed, with ten dollars costs and disbursements. Memorandum: Plaintiffs will have the burden of establishing the facts concerning which they desire to examine defendant, and we are of the opinion under the circumstances that the examination in the case comes within the provisions of section 288 of the Civil Practice Act, relating to examination before trial. All concur. (The order grants a motion for examination before trial in an action to recover the value of legal services.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.

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Order affirmed, with ten dollars costs and disbursements. Memorandum: Plaintiffs will have the burden of establishing the facts concerning which they desire to examine defendant, and we are of the opinion under the circumstances that the examination in the case comes within the provisions of section 288 of the Civil Practice Act, relating to examination before trial. All concur. (The order grants a motion for examination before trial in an action to recover the value of legal services.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.

Weldgen v. Allen, 255 A.D. 829, 7 N.Y.S.2d 44, 1938 N.Y. App. Div. LEXIS 5462 (N.Y. Ct. App. 1938).

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255 A.D. 829 (Weldgen v. Allen) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.