Schacht Steel Const., Inc. v. Brecher
| Decision Date | 11 December 1956 |
| Citation | 2 A.D.2d 967,157 N.Y.S.2d 272 |
| Parties | SCHACHT STEEL CONSTRUCTION, Inc., Plaintiff-Respondent, v. Morris BRECHER, Rubin Garfinkel, et al., etc., impleaded, etc., Defendants-Appellants. |
| Court | New York Supreme Court — Appellate Division |
J. Mishler, Long Island City, for defendants-appellants.
E. Dannett, New York City, for plaintiff-respondent.
Before PECK, P. J., and BREITEL, COX, FRANK and VALENTE, JJ.
Order unanimously modified to the extent of limiting the examination before trial of the partnership to a single partner to be selected by the partnership, and, of the corporation, to a single officer, agent or employee of the corporation to be selected by the corporation. The individuals whose examinations are sought, although sued as such individuals and as partners, are all exactly in the same category. Some one of the partners has full knowledge of the facts and it is apparently unnecessary to examine the other five partnership defendants. A similar condition exists as far as the two corporate defendants are concerned. If it should prove necessary to examine any other persons, an appropriate application may be made. Settle order on notice.
To continue reading
Request your trial
-
Burger v. Barnett
...scope of the examination (United States Overseas Airlines, Inc. v. Cox, 283 App.Div. 31, 126 N.Y.S.2d 209; Schacht Steel Construction, Inc. v. Brecher, 2 A.D.2d 967, 157 N.Y.S.2d 272, Shanfeld v. 6601 Corporation, 34 Misc.2d 26, 225 N.Y.S.2d 544; Martinez v. Union School Dist. No. 4, 41 Mis......
-
Rutherford v. Albany Medical Center Hospital
...and, if it should prove necessary to examine any other persons, an appropriate application may be made (Schacht Steel Constr. v. Brecher, 2 A.D.2d 967, 157 N.Y.S.2d 272; Kalteux v. C. P. Ward, Inc., 283 App.Div. 990, 130 N.Y.S.2d 208; Hansen v. City of New York, 283 App.Div. 891, 130 N.Y.S.......
-
Meaney v. Loew's Hotels, Inc.
...the relevant facts in lieu of the several employees designated in plaintiffs' notice of examination. (See Schacht Steel Construction, Inc. v. Brecher, 2 A.D.2d 967, 157 N.Y.S.2d 272.) In light of defendants' denial thereof, one of the vital subjects of examination was the ownership and oper......
-
Giordano v. Sheridan Maintenance Corp.
...prejudice to any motions plaintiffs may desire to make for examination of Mister Softee by named persons (cf. Schacht Steel Const., Inc. v. Brecher, 2 A.D.2d 967, 157 N.Y.S.2d 272). The record indicates that on June 25, 1965 defendant Rhodie was informed for the first time that his appearan......