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Everite Trading Corp. v. Wanpress Realty Corp.

Appellate Division of the Supreme Court of New York, First Department
Nov 28, 1941
262 App. Div. 700 (N.Y. App. Div. 1941)

Opinion

November 28, 1941.

Appeal from Supreme Court of New York County, O'BRIEN, J.

Samuel A. Hirshowitz, for the appellant.

Irvin E. Sprintzen, for the respondent.

Present — MARTIN, P.J., O'MALLEY, TOWNLEY, DORE and COHN, JJ.


Under the circumstances here disclosed, there was no privilege under sections 353 and 354 of the Civil Practice Act. Whether the evidence sought to be elicited by the question objected to would be admissible against the client we need not and do not now determine. The attorney setting up the privilege is a party defendant and the evidence sought relates to a conversation had by him with another attorney likewise a party defendant.

The order appealed from should be reversed, with twenty dollars costs and disbursements, and the witness directed to answer.


Order unanimously reversed, with twenty dollars costs and disbursements, and the witness directed to answer. The date for the examination to proceed to be fixed in the order. Settle order on notice.


Summaries of

Everite Trading Corp. v. Wanpress Realty Corp.

Appellate Division of the Supreme Court of New York, First Department
Nov 28, 1941
262 App. Div. 700 (N.Y. App. Div. 1941)
Case details for

Everite Trading Corp. v. Wanpress Realty Corp.

Case Details

Full title:EVERITE TRADING CORPORATION, Appellant, v. WANPRESS REALTY CORPORATION and…

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

Date published: Nov 28, 1941

Citations

262 App. Div. 700 (N.Y. App. Div. 1941)
31 N.Y.S.2d 100