Whalen v. New York, New Haven & Hartford Railroad

Appellate Division of the Supreme Court of New York

Whalen v. New York, New Haven & Hartford Railroad

174 A.D. 923

Appellate Division of the Supreme Court of the State of New York·Decided July 15, 1916·Published

Opinion

Order affirmed, with ten dollars costs and disbursements. Rule 36 of the G-eneral Rules of Practice is, by its express terms, applicable only after an issue of fact has been joined. Section 480 of the Code of Civil Procedure states the proper remedy. It is within the legitimate discretion of the Special Term to deny, upon the terms prescribed in the order, a motion made under that section. Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.

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Order affirmed, with ten dollars costs and disbursements. Rule 36 of the G-eneral Rules of Practice is, by its express terms, applicable only after an issue of fact has been joined. Section 480 of the Code of Civil Procedure states the proper remedy. It is within the legitimate discretion of the Special Term to deny, upon the terms prescribed in the order, a motion made under that section. Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.

Whalen v. New York, New Haven & Hartford Railroad, 174 A.D. 923 (N.Y. Ct. App. 1916).

Pincite

174 A.D. 923 (Whalen v. New York, New Haven & Hartford Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.