Legal Opinion

In re Wnuk

Appellate Division of the Supreme Court of the State of New York

Decided March 29, 1922PublishedCited by 1 opinion

Appeal by the heirs, administrators, executors or representatives of Henrietta Schieck, deceased, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 23d day of September, 1921, denying their motion to vacate an ex parte order permitting the examination of certain portions of the body of said Henrietta Schieck.

1Opinion of the Court

Sears, J.:

Henrietta Schieck during her lifetime brought an action against Mikoaj Wnuk, the petitioner in this proceeding, to recover damages for personal injuries which she claimed to have received in an automobile accident alleged to have been caused by the negligence of the petitioner. On September 20, 1921, while the action was still pending and before trial, Henrietta Schieck died. On September 23, 1921, a petition was presented to the Supreme Court on behalf of Mikoaj Wnuk alleging in addition to the facts already stated, that an action was about to be brought against the petitioner by…

2Cited by1 opinion

  1. Reddish v. K. & C. Metal Products Co.New York Supreme Court · 1964

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