Zimet v. Commonwealth Insurance

Appellate Division of the Supreme Court of New York

Zimet v. Commonwealth Insurance

283 A.D. 771, 128 N.Y.S.2d 570, 1954 N.Y. App. Div. LEXIS 5219

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

DecidedMarch 2, 1954

StatusPublished

This text of 283 A.D. 771 (Zimet v. Commonwealth Insurance) 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

Zimet v. Commonwealth Insurance, 283 A.D. 771, 128 N.Y.S.2d 570, 1954 N.Y. App. Div. LEXIS 5219 (N.Y. Ct. App. 1954).

Pincite

Opinion

On the ground that part of the items allowed relate to matters that were irrelevant and unnecessary, the order appealed from is unanimously modified so as to provide: (1) that items 1 and 2 be limited to identification of the policies of insurance numbered therein issued by defendant, the receipt in evidence of such policies at such examination, and proof of delivery thereof; and (2) that there be stricken out item 9 and, from item 7, the words “and defendant’s investigations incidental thereto ”, and, as so modified the order is affirmed, with $20 costs and disbursements to the appellant. The date for the examination to proceed shall he fixed in the order. Settle order on notice. Present — Peck, P. J., Dore, Breitel, Bastow and Bergan, JJ.

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On the ground that part of the items allowed relate to matters that were irrelevant and unnecessary, the order appealed from is unanimously modified so as to provide: (1) that items 1 and 2 be limited to identification of the policies of insurance numbered therein issued by defendant, the receipt in evidence of such policies at such examination, and proof of delivery thereof; and (2) that there be stricken out item 9 and, from item 7, the words “and defendant’s investigations incidental thereto ”, and, as so modified the order is affirmed, with $20 costs and disbursements to the appellant. The date for the examination to proceed shall he fixed in the order. Settle order on notice. Present — Peck, P. J., Dore, Breitel, Bastow and Bergan, JJ.

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Bluebook (online)

283 A.D. 771, 128 N.Y.S.2d 570, 1954 N.Y. App. Div. LEXIS 5219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zimet-v-commonwealth-insurance-nyappdiv-1954.