Wheeler Shipyard, Inc. v. Curran

Appellate Division of the Supreme Court of New York

Wheeler Shipyard, Inc. v. Curran

241 A.D. 909

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1934·Published

Opinion

Order modified by granting leave to renew and as modified affirmed, without costs. Memorandum: Respondent’s supporting affidavit is indefinite and the proposed subjects for examination are too general and elaborate to meet the requirements of the statute. We, therefore, modify the order appealed from by granting leave to plaintiff to make a new motion under section 293 of the Civil Practice Act in case it does not elect to proceed under section 290. All concur.

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Order modified by granting leave to renew and as modified affirmed, without costs. Memorandum: Respondent’s supporting affidavit is indefinite and the proposed subjects for examination are too general and elaborate to meet the requirements of the statute. We, therefore, modify the order appealed from by granting leave to plaintiff to make a new motion under section 293 of the Civil Practice Act in case it does not elect to proceed under section 290. All concur.

Wheeler Shipyard, Inc. v. Curran, 241 A.D. 909 (N.Y. Ct. App. 1934).

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