Appellate Division of the Supreme Court of New York, 1937

Egan v. Jordahl & Co.

Appellate Division of the Supreme Court of New York · Decided June 22, 1937

251 A.D. 448; 296 N.Y.S. 893

Counsel

Benjamin A. Matthews of counsel [Harold Harper and Vincent P. Uihlein with him on the brief; Harper & Matthews, attorneys], for the plaintiff., Russell C. Gay of counsel [Edward J. Behrens with him on the brief; Boring M Black, attorney], for the defendants Jordahl & Co., Inc., Mary D. Jordahl and Anders Jordahl., Kermit F. Kip of counsel for the defendants David A. Buckley, Jr., and Robert H. Walsh,

Opinion of the Court

Per Curiam.

Both orders should be modified by striking therefrom that portion which reads “ at the rate of $100 per day for every day defendant’s counsel is away on the business of the deposition, except the days on which the examination is actually conducted,” and there should be inserted in place thereof, “ in the sum of $1,500,” and, as so modified, affirmed, without costs.

Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.

Orders unanimously modified by striking therefrom that portion which reads, “ at the rate of $100 per day for every day defendant’s counsel is away on the business of the deposition, except the days on which the examination is actually conducted,” and there should be inserted in place thereof. “ in the sum of $1,500,” and, as so modified, affirmed, without costs.

Settle orders on notice.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.