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Herz v. Kunath

Appellate Division of the Supreme Court of New York, First Department
Apr 3, 1947
272 App. Div. 755 (N.Y. App. Div. 1947)

Opinion

April 3, 1947.

Present — Martin, P.J., Glennon, Dore, Cohn and Van Voorhis, JJ.


The proof sought to be obtained under items 2 and 7 of the notice of examination is unnecessary in view of the defendant's admission that at the time and place of the alleged accident she owned and operated the vehicle described in the complaint. Item 1 relating to defendant's residence is not essential to plaintiffs' cause of action. Accordingly the order, insofar as it denied defendant's motion to vacate the notice of examination, is unanimously reversed, with $20 costs and disbursements to the appellant and the motion granted in its entirety. Settle order on notice.


Summaries of

Herz v. Kunath

Appellate Division of the Supreme Court of New York, First Department
Apr 3, 1947
272 App. Div. 755 (N.Y. App. Div. 1947)
Case details for

Herz v. Kunath

Case Details

Full title:LYDIA HERZ et al., Respondents, v. MARIETTA KUNATH, Appellant

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

Date published: Apr 3, 1947

Citations

272 App. Div. 755 (N.Y. App. Div. 1947)