Legal Opinion

Barber v. Richardson

New York Supreme Court

Decided April 17, 1941PublishedCited by 10 opinions

1Opinion of the CourtDeyo, J.

The petitioner herein, who has pleaded not guilty to a misdemeanor charge in the City Court of Binghamton, New York, sought to examine the complaining witness before trial. The city judge denied the motion and set a trial date. A notice to appeal from his decision has been filed with the County Court. This *211proceeding is brought pursuant to article 78 of the Civil Practice Act to restrain the respondents from proceeding with the trial.

The respondents contend that the relief herein sought is not available to the petitioner because of the limitations imposed .by section 1285 of the Civil…

2Cases cited14 opinions

  1. Matter of Culver Contrg. Corp. v. HumphreyNew York Court of Appeals · 1935
  2. Matter of Baltimore Mail S.S. Co. v. FawcettNew York Court of Appeals · 1936
  3. Matter of Hogan v. Supreme CourtNew York Court of Appeals · 1939
  4. Cooley v. WilderAppellate Division of the Supreme Court of the State of New York · 1932
  5. City of New York v. MaltbieAppellate Division of the Supreme Court of the State of New York · 1936

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3Cited by10 opinions

  1. Brandenburg v. Court of General Sessions of New York CountyNew York Supreme Court · 1947
  2. Sovocool v. DavidAppellate Division of the Supreme Court of the State of New York · 1959
  3. People v. EvansAppellate Division of the Supreme Court of the State of New York · 1963
  4. Zivin v. District CourtNew York Supreme Court · 1959
  5. Hochhauser v. O'ConnorNew York Supreme Court · 1961

5 more not listed; retrieve them via the Exa API.

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