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Lobdell v. S. Buffalo Ry. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 16, 1990
159 A.D.2d 958 (N.Y. App. Div. 1990)

Opinion

March 16, 1990

Appeal from the Supreme Court, Erie County, Ricotta, J.

Present — Dillon, P.J., Boomer, Green, Balio and Davis, JJ.


Order unanimously affirmed with costs. Memorandum: Supreme Court properly refused to compel plaintiff to answer certain questions asked at an examination before trial. A witness at an examination before trial may not be compelled to answer questions of law, particularly those which relate to his understanding of his contentions in the lawsuit (Blitz v Guardian Life Ins. Co., 99 A.D.2d 404). Nor may he be compelled to answer questions seeking legal and factual conclusions or questions asking him to draw inferences from the facts (see, Lakeville Merrick Corp. v Town Bd., 23 A.D.2d 584; Milbeck Apts. v Corby Assocs., 285 App. Div. 83, 85; 7 Carmody-Wait 2d, N Y Prac § 42:50, at 77-78).


Summaries of

Lobdell v. S. Buffalo Ry. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 16, 1990
159 A.D.2d 958 (N.Y. App. Div. 1990)
Case details for

Lobdell v. S. Buffalo Ry. Co.

Case Details

Full title:ANTHONY J. LOBDELL, Respondent, v. SOUTH BUFFALO RAILWAY CO., Appellant

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

Date published: Mar 16, 1990

Citations

159 A.D.2d 958 (N.Y. App. Div. 1990)

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