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Van Dyke Oil Portraits, Ltd. v. E. Fiehl Ltd.

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1958
5 A.D.2d 824 (N.Y. App. Div. 1958)

Opinion

February 25, 1958


This court has heretofore held that an examination for use on a hearing before a referee in connection with an issue as to service is permissible ( Oresk v. Feldman, 259 App. Div. 703; Foreign Supply Co. v. Keystone Equip. Co., 278 App. Div. 816). In the circumstances, such examination should have been allowed here. We are satisfied that for the purposes of this case an examination on written interrogatories will suffice. Order unanimously reversed on the law and in the discretion of the court and the motion to take deposition of Erna Fiehl on written interrogatories granted, with $20 costs and disbursements to appellant. The matter is remitted to Special Term for further procedure in accordance with this disposition. Settle order.

Concur — Botein, P.J., Breitel, Rabin, Frank and Bastow, JJ.


Summaries of

Van Dyke Oil Portraits, Ltd. v. E. Fiehl Ltd.

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1958
5 A.D.2d 824 (N.Y. App. Div. 1958)
Case details for

Van Dyke Oil Portraits, Ltd. v. E. Fiehl Ltd.

Case Details

Full title:VAN DYKE OIL PORTRAITS, LTD., Respondent, v. E. FIEHL LTD., Appellant

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

Date published: Feb 25, 1958

Citations

5 A.D.2d 824 (N.Y. App. Div. 1958)

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