Legal Opinion
E. R. Carpenter Co. v. ABC Carpet Co.
Civil Court of the City of New York
Decided March 26, 1979PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
David Stadtmauer, J.
The defendant moves for an order directing plaintiff to allow discovery and inspection of a 23-page memorandum used to refresh the recollection of a witness prior to deposition before trial. The refreshment of recollection occurred 10 or more years after the events in question and 9 years after the *1092memorandum was written. For the reasons discussed herein, that motion is granted.
The facts are as follows: in 1969, plaintiff sued for goods sold and delivered to defendant in the period from 1965 through 1968. Defendant denied the allegations and…
2Cases cited7 opinions
- People v. GezzoNew York Court of Appeals · 1954
- Shafer v. Utica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1936
- Doxtator v. SwarthoutAppellate Division of the Supreme Court of the State of New York · 1972
- Myer v. MyerNew York Supreme Court · 1947
- Mutual Life Insurance v. Tailored Woman, Inc.New York Supreme Court · 1949
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 1995
- Barrett v. MummertMissouri Court of Appeals · 1994
- Slotnik v. StateNew York Court of Claims · 1985