Legal Opinion
Maresco v. Lambert
District Court, E.D. New York
Decided November 17, 1941No. Civ. No. 1760PublishedCited by 3 opinions
1Opinion of the Court
MOSCOWITZ, District Judge.
This is a motion for the following relief: “for an order striking out the complaint in this action and dismissing the action and directing the entry of judgment in favor of defendant.”
The motion is based upon the ground that the plaintiff failed to submit to an examination pursuant to Rule 26 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, and that the action should be dismissed pursuant to Rule 37, Subdivision (d) of the Federal Rules of Civil Procedure.
The excuse is rather lame but the client should not suffer in this instance because…
2Cited by3 opinions
- Quillie B. Woodham v. The American Cystoscope Company of Pelham, N. Y., and the Xyz CorporationCourt of Appeals for the Fifth Circuit · 1964
- Austin Theatre, Inc. v. Warner Bros. PicturesDistrict Court, S.D. New York · 1958
- Schesler v. American Milk Products Co.District Court, S.D. New York · 1948