New York Supreme Court, 1956

Shahmoon v. Shahmoon

Shahmoon v. Shahmoon
New York Supreme Court · Decided April 16, 1956 · Brennan
11 Misc. 2d 775; 172 N.Y.S.2d 938; 1956 N.Y. Misc. LEXIS 1939

Counsel

McQuistion, Minium & O’Connor for plaintiff., Salomon $ Mainser for defendant.

Shahmoon v. Shahmoon

Opinion of the Court

Arthur D. Brennan, J.

The plaintiff’s motion to vacate the defendant’s demand for a bill of particulars is granted to the extent that items 1(a), 1(b), 6 and 10 are disallowed; in *776all other respects, the motion is denied. The plaintiff’s motion to vacate the defendant’s notice for a pretrial examination of the plaintiff’s assignor, as a witness, is granted. In this court’s opinion, a notice for a pretrial examination of a plaintiff’s assignor, as a witness, is unauthorized where said witness is a nonresident of this State and the notice requires the plaintiff to produce the witness for examination in this State. If the defendant deems that he has a right to examine said witness before trial in this State, he should proceed by motion for such relief. (See Manley v. Stuart Silver Co., 203 Misc . 218.)

Settle orders on notice.

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