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Grunder v. Title Guarantee and Trust Company

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1938
254 App. Div. 832 (N.Y. App. Div. 1938)

Opinion

June 10, 1938.

Present — Martin, P.J., O'Malley, Glennon, Untermyer and Dore, JJ.


Order unanimously modified by directing defendant to accept the bill dated April 19, 1937, upon condition that plaintiff, within twenty days after service of order, with notice of entry thereof, makes application for the examination of defendant before trial or for discovery, or both, and that if such examination or discovery be granted plaintiff, within ten days after conclusion thereof, shall serve a further verified bill as to items 1, 4 and 9. Upon failure of plaintiff to move for or to obtain such examination or discovery or to serve such further bill, leave is granted to the defendant to move for an order of preclusion as to said items. As so modified, order affirmed, without costs. No opinion. Settle order on notice.


Summaries of

Grunder v. Title Guarantee and Trust Company

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1938
254 App. Div. 832 (N.Y. App. Div. 1938)
Case details for

Grunder v. Title Guarantee and Trust Company

Case Details

Full title:MARION GRUNDER, Appellant, v. TITLE GUARANTEE AND TRUST COMPANY, Respondent

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

Date published: Jun 10, 1938

Citations

254 App. Div. 832 (N.Y. App. Div. 1938)