Appellate Terms of the Supreme Court of New York, 1962

Frank v. Pennsylvania Railroad

Appellate Terms of the Supreme Court of New York · Decided April 12, 1962

35 Misc. 2d 179; 232 N.Y.S.2d 138; 1962 N.Y. Misc. LEXIS 3517

Counsel

BleaMey, Platt, Schmidt, Hart & Fritz (Dennis P. Donovan and Michael J. Shalley of counsel), for appellant. Zelman <& Zelman (Benjamin M. Zelman of counsel), for respondent.

Opinion of the Court

Per Curiam.

It was an improvident exercise of discretion to deny an application for interrogatories to obtain essential testimony of two witnesses residing outside the State when the defendant found that they would not appear for trial as anticipated.

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

Concur — Hoestadter, J. P., Gold and Capozzoli, JJ.

Order reversed, etc.

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