Legal Opinion

Burack v. Town of Poughkeepsie

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

Decided June 16, 1969PublishedCited by 5 opinions

1Opinion of the Court

In an action for a declaratory judgment, the appeal is from an order of the Supreme Court, Dutchess County, dated October 9, 1968, which denied appellants’ motion to vacate plaintiffs’ notice to examine defendants before trial. Order modified, on the law and the facts, by (1) striking out of the decretal paragraph the determination that the motion is denied as to the individual defendants and the direction that they appear for examination; (2) providing in lieu thereof that the motion is granted as to the individual defendants; (3) striking out of the decretal paragraph the direction which…

2Cases cited5 opinions

  1. Rodgers v. Village of TarrytownNew York Court of Appeals · 1951
  2. Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
  3. People ex rel. Burton v. Corn Products Refining Co.Illinois Supreme Court · 1918
  4. Homefield Ass'n of Yonkers v. FrankAppellate Division of the Supreme Court of the State of New York · 1947
  5. Homefield ass.yonkers, N.Y. v. FrankNew York Court of Appeals · 1948

3Cited by5 opinions

  1. D & S Realty Development, L.P. v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2002
  2. Consolidated Petroleum Terminal, Inc. v. Incorporated Village of Port JeffersonAppellate Division of the Supreme Court of the State of New York · 1980
  3. Redco v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1982
  4. D & S Realty Development, LP v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2005
  5. Sloane v. WeberAppellate Division of the Supreme Court of the State of New York · 1976

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