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Berger v. Day

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1930
228 App. Div. 819 (N.Y. App. Div. 1930)

Opinion

March, 1930.


Order, in so far as appealed from, reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs; examination to proceed on five days' notice at same place and hour. The examination sought refers to matters which plaintiff will be obliged to prove upon the trial. Even if plaintiff has knowledge of these matters, it is no reason for refusing examination. ( McGrath v. Blumenthal, 220 App. Div. 781; Shul Tan Realty Corporation v. Coney Island Estates, Inc., 223 id. 772.) Lazansky, P.J., Young, Carswell, Scudder and Tompkins, JJ., concur.


Summaries of

Berger v. Day

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1930
228 App. Div. 819 (N.Y. App. Div. 1930)
Case details for

Berger v. Day

Case Details

Full title:MICHAEL BERGER, Doing Business under the Firm Name and Style of BERGER…

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

Date published: Mar 1, 1930

Citations

228 App. Div. 819 (N.Y. App. Div. 1930)

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