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Swetnick v. Midler

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1935
244 App. Div. 818 (N.Y. App. Div. 1935)

Opinion

May, 1935.


Order in so far as it grants examination before trial of defendant reversed on the law and the facts, with ten dollars costs and disbursements to defendant, and motion denied, with ten dollars costs. In so far as the order denies the motion, it is affirmed, without costs. Examinations before trial in this type of actions, particularly where there is a cause of action for criminal conversation, are rarely necessary and are not favored by the courts. In our opinion the examination, to be used upon the trial, and which would result in the airing of scandalous matter, is not sought in good faith. Lazansky, P.J., Young, Carswell, Davis and Johnston, JJ., concur.


Summaries of

Swetnick v. Midler

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1935
244 App. Div. 818 (N.Y. App. Div. 1935)
Case details for

Swetnick v. Midler

Case Details

Full title:WILLIAM SWETNICK, Respondent, Appellant, v. MICHAEL MIDLER, Appellant…

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

Date published: May 1, 1935

Citations

244 App. Div. 818 (N.Y. App. Div. 1935)