Legal Opinion

Hammel Station Estates, Inc. v. City of New York

New York Supreme Court

Decided May 1, 1945PublishedCited by 3 opinions

1Opinion of the CourtHallinan, J.

In an action to declare unconstitutional the building zone resolution (N. Y. City Zoning Resolution, eff. June 28, 1940, as amd.) insofar as it affects plaintiff’s property, and to rezone it for unrestricted purposes, the defendant, the City of New York, moves to vacate plaintiff’s notice, which seeks to take the depositions of the defendant by certain of its officials.

The only question raised by the City is whether public officials and employees of a municipal corporation may be examined before trial. It is urged that section 292-a of the Civil Practice Act is not applicable to this type of…

2Cases cited5 opinions

  1. People Ex Rel. Sheldon v. . Board of AppealsNew York Court of Appeals · 1923
  2. Davidson v. . the City of New YorkNew York Court of Appeals · 1917
  3. Loos v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1939
  4. People v. WeinstockAppellate Division of the Supreme Court of the State of New York · 1907
  5. People ex rel. Barnes v. Warden of WorkhouseNew York Supreme Court · 1925

3Cited by3 opinions

  1. Scheer v. City of SyracuseNew York Supreme Court · 1964
  2. Ahern Painting Contractors, Inc. v. District Council of New York City & Vicinity of the United Brotherhood of Carpenters & Joiners of AmericaAppellate Division of the Supreme Court of the State of New York · 1988
  3. Pumilia v. PumiliaNew York Supreme Court · 1945

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