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Abbott v. South Buffalo Railroad Company

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 26, 1967
28 A.D.2d 1084 (N.Y. App. Div. 1967)

Opinion

October 26, 1967

Appeal from the Erie Special Term.

Present — Williams, P.J., Bastow, Del Vecchio and Marsh, JJ.


Order unanimously modified by striking from the second ordering paragraph the words "separately and not in the presence of each other" and, as so modified, affirmed without costs to any party. Memorandum: In the exercise of a proper discretion Special Term should have denied so much of plaintiff's motion as sought pretrial examination of the members of the train crew of defendant railroad company separate and apart from each other. The record contains statements taken by plaintiff's representative shortly after the accident from such of these witnesses as were in a position to see the occurrence. Therefore we see no necessity for the requested direction. We understand from the oral argument that plaintiff has abandoned so much of her application as sought to exclude a claim representative of the defendant railroad company from the pretrial examination.


Summaries of

Abbott v. South Buffalo Railroad Company

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 26, 1967
28 A.D.2d 1084 (N.Y. App. Div. 1967)
Case details for

Abbott v. South Buffalo Railroad Company

Case Details

Full title:MARY R. ABBOTT, as Administrator of the Estate of NICHOLAS P. ATHANS…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 26, 1967

Citations

28 A.D.2d 1084 (N.Y. App. Div. 1967)