Rosen v. Simons
Appellate Terms of the Supreme Court of New York
Appeal by defendants from an order of the City Court of the city of New York permitting an inspection by the plaintiff of the vault of defendants by a mason and an electrician, and allowing a photographer to take photographs of such vault subject to certain restrictions and regulations imposed by the court.
1Opinion of the CourtBijur, J.
The action is brought by a pledgor to recover the value of a pledge alleged to have been stolen by burglars from defendants’ vault wherein they kept such pledges.
Plaintiff claims that the loss was caused through the negligence of defendants.
The case seems to be one in which an inspection as provided in section 803 of the Code is appropriate. See Chojnacki v. Interborough R. T. Co., 76 Misc. Rep. 427; Donoghue v. Callanan, 152 App. Div. 162; Beyer v. Transit D. Co., 139 id. 724.
*408The ultimate merits of the entire case on debatable questions of law urged by the defendants should not be decided on…
2Cases cited2 opinions
- Donoghue v. CallananAppellate Division of the Supreme Court of the State of New York · 1912
- Chojnacki v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1912