Appellate Terms of the Supreme Court of New York, 1959

Bailey v. Kelly

Appellate Terms of the Supreme Court of New York · Decided June 18, 1959

19 Misc. 2d 954; 189 N.Y.S.2d 240; 1959 N.Y. Misc. LEXIS 3448

Counsel

Joseph T. Keller for appellant., No one appearing for respondent.

Opinion of the Court

Per Curiam.

Plaintiff’s right to take the deposition of its material witness, who is not within the City of New York, is permissible under section 101 of the Municipal Court Code and is not limited by section 288 of the Civil Practice Act. Upon the showing made, no additional special circumstances are required to be alleged.

The. order should be reversed, with $10 costs, and motion granted.

Concur — Steuer, J. P., Hoestadter and Aurelio, JJ.

Order reversed, etc.

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