Appellate Division of the Supreme Court of New York, 1951

Sarbia v. Hudson Transit Lines, Inc.

Sarbia v. Hudson Transit Lines, Inc.
Appellate Division of the Supreme Court of New York · Decided May 7, 1951
278 A.D. 832; 104 N.Y.S.2d 208; 1951 N.Y. App. Div. LEXIS 4926
Sarbia v. Hudson Transit Lines, Inc.

Opinion of the Court

In an action to recover damages for personal injuries allegedly suffered in the negligent operation of a bus and for loss of services, order granting respondents’ motion to examine defendant Gallagher before trial modified by striking therefrom the first and fifth items of examination, and as thus modified the order is affirmed, without costs. The first item of examination relates to matter not at issue between the parties to this appeal; and, moreover, the liability of the defendant driver does not turn upon ownership of the bus. The fifth item seeks irrelevant matters and matters covered by item 4. Nolan, P. J., Carswell, Adel, Sneed and MacCrate, JJ., concur.

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