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Kimball v. John Budd Company

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1925
215 App. Div. 724 (N.Y. App. Div. 1925)

Opinion

November, 1925.


Order denying defendant's motion to vacate notice of examination reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The defendant has the affirmative upon the issues as to which the examination is sought, and plaintiff is not, therefore, entitled to the examination. ( Oshinsky v. Gumberg, 188 App. Div. 23; Zappas v. Horwill, 210 id. 861; Middleton v. Boardman, Id. 467, 860; appeal dismissed, 240 N.Y. 552.) Kelly, P.J., Rich, Jaycox, Young and Kapper, JJ., concur.


Summaries of

Kimball v. John Budd Company

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1925
215 App. Div. 724 (N.Y. App. Div. 1925)
Case details for

Kimball v. John Budd Company

Case Details

Full title:FREDERIC A. KIMBALL, Respondent, v. THE JOHN BUDD COMPANY, Appellant

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

Date published: Nov 1, 1925

Citations

215 App. Div. 724 (N.Y. App. Div. 1925)

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