Legal Opinion
Di Geronimo v. Plotnick
Civil Court of the City of New York
Decided May 29, 1963PublishedCited by 2 opinions
1Opinion of the CourtHarry Gittleson, J.
This motion is treated as one wherein a defendant in a negligence action seeks an order directing a codefendant to appear for an examination before trial pursuant to notice heretofore served.
The codefendant challenges the power of the court to grant such motion upon the ground that in this Department an examination before trial of a codefendant is not permitted in which no cross complaint has been served. (Johansen v. Gray, 279 App. Div. 108; Sommers v. New York World-Tel. Corp., 279 App. Div. 937.)
The moving party would have this court disregard Johansen and Sommers in view of contrary…
2Cases cited3 opinions
- Johansen v. GrayAppellate Division of the Supreme Court of the State of New York · 1951
- Frost v. WalshNew York Supreme Court · 1949
- Sommers v. New York World-Telegram Corp.Appellate Division of the Supreme Court of the State of New York · 1952
3Cited by2 opinions
- Lombardo v. PecoraAppellate Division of the Supreme Court of the State of New York · 1965
- McDonald v. Gore Mt. Ski Lift Corp.Appellate Division of the Supreme Court of the State of New York · 1968