Legal Opinion
Lobdell v. South Buffalo Railway Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 16, 1990PublishedCited by 8 opinions
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: Supreme Court properly refused to compel plaintiff to answer certain questions asked at an examination before trial. A witness at an examination before trial may not be compelled to answer questions of law, particularly those which relate to his understanding of his contentions in the lawsuit (Blitz v Guardian Life Ins. Co., 99 AD2d 404). Nor may he be compelled to answer questions seeking legal and factual conclusions or questions asking him to draw inferences from the facts (see, Lakeville Merrick Corp. v Town Bd., 23 AD2d 584; Milbeck…
2Cases cited3 opinions
- Blitz v. Guardian Life Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1984
- Milbeck Apartments, Inc. v. Corby Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- Lakeville Merrick Corp. v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1965
3Cited by8 opinions
- Mayer v. HoangAppellate Division of the Supreme Court of the State of New York · 2011
- Barber v. BPS Venture, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Sciara v. Surgical Associates of Western New York, P.C.New York Supreme Court · 2011
- Cutrone v. GaccioneAppellate Division of the Supreme Court of the State of New York · 1994
- White v. WhiteNew York Supreme Court · 2013
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