Legal Opinion
Bienenfeld v. Mortgage Commission
City of New York Municipal Court
Decided November 23, 1936Published
1Opinion of the CourtSchackno, J.
Plaintiff seeks to examine defendants before trial The action is one to recover damages for false imprisonment. It is not denied that the defendant Fred Eicher has not been in the employ of his codefendant, the Mortgage Commission of the State of New York, since May 14, 1936. The motion as to this last named defendant must be denied. (McGowan v. Eastman, 271 N. Y. 195; Western Elevating Assn., Inc., v. Chapman, 238 App. Div. 14; Cocolicchio v. Emigrant Industrial Savings Bank, 248 id. 196.)
The defendant Fred Eicher challenges the sufficiency of the complaint. Paragraphs numbered fourth and…
2Cases cited9 opinions
- McGowan v. EastmanNew York Court of Appeals · 1936
- Cousins v. SwordsAppellate Division of the Supreme Court of the State of New York · 1897
- Cunningham v. East River Electric Light Co.The Superior Court of the City of New York and Buffalo · 1892
- Western Elevating Ass'n v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1933
- Cousins v. . SwordsNew York Court of Appeals · 1900
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