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Divack v. Flatbush Savings Bank

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 1941
262 App. Div. 1023 (N.Y. App. Div. 1941)

Opinion

October 6, 1941.


In an action for specific performance of a contract to sell real property, order directing the examination before trial of defendant A.J.G. Corporation by the Home Title Guaranty Company, modified on the law and the facts by striking therefrom the words "and by the Home Title Guaranty Co. through its solicitor, reader, abstractor and/or other officer or agent having knowledge of the facts," and, as so modified, affirmed, with ten dollars costs and disbursements to appellant. The defendant A.J.G. Corporation has been examined by the deposition of its president. In our opinion there is no basis for the further examination of defendant by taking the deposition of the solicitor, reader or abstractor of Home Title Guaranty Company, which is not a party to the action. Lazansky, P.J., Johnston, Adel, Taylor and Close, JJ., concur.


Summaries of

Divack v. Flatbush Savings Bank

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 1941
262 App. Div. 1023 (N.Y. App. Div. 1941)
Case details for

Divack v. Flatbush Savings Bank

Case Details

Full title:BESSIE DIVACK, Respondent, v. FLATBUSH SAVINGS BANK, Defendant, and A.J.G…

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

Date published: Oct 6, 1941

Citations

262 App. Div. 1023 (N.Y. App. Div. 1941)