Legal Opinion
Mills v. Montana
New York Supreme Court
Decided September 11, 1958PublishedCited by 4 opinions
1Opinion of the CourtFrank Del Ybcchio, J.
This is an application for an order to set aside subpoenas served upon Dominick Froio, Joan Nolan Russo and Nick Ortolano and to enjoin defendants from examining them as witnesses before trial on the ground that these witnesses do not come within any of the grounds specifically enumerated in section 288 of the Civil Practice Act for such examination.
The defendants claim that the testimony of the named witnesses is material and necessary to the defense of the action and that “ special circumstances ” exist which justify the court in exercising its discretion to permit such examinations.
This…
2Cases cited7 opinions
- City of Buffalo v. Hanna Furnace Corp.New York Court of Appeals · 1953
- Bartlett v. SanfordAppellate Division of the Supreme Court of the State of New York · 1935
- Lyon v. Fieldgren Realty Corp.New York Supreme Court · 1948
- Lyon v. Fieldgren Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1948
- Peyton v. CoulsonNew York Supreme Court · 1947
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Pfaudler Permutit, Inc. v. Stanley Steel Service Corp.New York Supreme Court · 1961
- Donahue v. DonahueNew York Supreme Court · 1959
- Enis v. LamparielloNew York Supreme Court · 1959
- Giampino v. StateNew York Court of Claims · 1959