Legal Opinion

Kleinfield v. Katz

Appellate Division of the Supreme Court of the State of New York

Decided December 14, 1942PublishedCited by 4 opinions

1Opinion of the Court

In our opinion the questions to which objections were made were within the scope of said respondent’s examination as ordered by the court, and they are relevant to the issues. The competency and materiality of the evidence are matters to be determined by the trial court. (Antun, Inc., v. Viola, 235 App. Div. 816; Brown v. Bedell, 232 App. Div. 158; Guenther v. Ridgway Co., 159 App. Div. 74.) Lazansky, P. J., Johnston, Taylor and Close, JJ., concur; Carswell, J., not voting.

2Cases cited2 opinions

  1. Guenther v. Ridgway Co.Appellate Division of the Supreme Court of the State of New York · 1913
  2. Brown v. BedellAppellate Division of the Supreme Court of the State of New York · 1931

3Cited by4 opinions

  1. In re the Probate of the Will of CaldwellNew York Surrogate's Court · 1945
  2. Derico v. Pancrazio A. Sarubbi, Inc.New York Supreme Court · 1959
  3. Murphy v. New York Central RailroadNew York Supreme Court · 1959
  4. Kogel v. TrumpAppellate Division of the Supreme Court of the State of New York · 1946