Legal Opinion

New Jersey Shale Brick & Tile Sales Corp. v. Queensland Realty Corp.

Civil Court of the City of New York

Decided February 16, 1973Published

1Opinion of the CourtThomas A. Duffy, J.

Plaintiff moves for an order pursuant to CPLR 3124 compelling defendants to comply with plaintiff’s demand for a verified statement setting forth the post-office address and residence of defendants Philip Tymon and Fred Tymon.

As to the defendant Philip Tymon the demand was served on the attorneys appearing for this defendant in this action. This defendant contends' that his answer sets forth a separate defense of lack of personal jurisdiction as permitted by subdivision (b) of CPLR 320; that he has not appeared in the action and thus is not a party to the action and is immune from disclosure…

2Cases cited2 opinions

  1. Fischer v. Seamen's Church InstituteNew York Supreme Court · 1949
  2. Freedman v. Statewide Machinery, Inc.New York Supreme Court · 1959

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