Wiener v. Regent Brand Clothes, Inc.

Appellate Terms of the Supreme Court of New York

Wiener v. Regent Brand Clothes, Inc.

204 Misc. 231, 122 N.Y.S.2d 231, 1953 N.Y. Misc. LEXIS 1835

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 23, 1953

StatusPublished

Cited by3 cases

This text of 204 Misc. 231 (Wiener v. Regent Brand Clothes, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wiener v. Regent Brand Clothes, Inc., 204 Misc. 231, 122 N.Y.S.2d 231, 1953 N.Y. Misc. LEXIS 1835 (N.Y. Ct. App. 1953).

Pincite

Opinion

Per Curiam.

Examinations before trial in summary proceedings are contrary to the spirit and intent of the Legislature in providing the summary remedy (Dubowsky v. Goldsmith. 202 App. Div. 818).

The court had no jurisdiction to stay the summary proceedings before final order (Civ. Prac. Act, § 1446).

The order should be reversed, with $10 costs, motion denied and stay vacated.

Schreiber and Hecht, JJ., concur in Per Curiam memorandum; Hofstadter, J., concurs in result solely on ground that in the particular circumstances of this case it was an abuse of discretion to grant order for examination; I do not regard the Dubowsky case as persuasive, nor, of course, is it controlling •— and in this view, in a proper case, the court would have jurisdiction to order an examination and, pending its completion, order a stay.

Order reversed, etc.

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