Legal Opinion
Lautum Realty Corp. v. Rodgers & Hagerty, Inc.
City of New York Municipal Court
Decided March 24, 1939PublishedCited by 1 opinion
1Opinion of the CourtDonnelly, J.
The action is brought to recover damages to plaintiff’s building by the alleged negligent blasting operations *732of the defendant during the course of its constmction of a sewer in the street adjacent to plaintiff’s property.
The pending motion is by plaintiff to examine defendant before trial on a number of items, among which is the method or methods used by defendant in connection with its shoring, blasting and dynamiting operations.
Section 288 of the Civil Practice Act provides: “ Any party to an action * * * may cause to be taken by deposition, before trial, his own testimony or that of any…
2Cases cited5 opinions
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Public National Bank v. National City BankNew York Court of Appeals · 1933
- New York Telephone Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1936
- Schonhous v. WeinerNew York Supreme Court · 1930
- Weiner v. J. I. Hass, Inc.New York Supreme Court · 1936
3Cited by1 opinion
- Hardenbergh v. BothSupreme Court of Iowa · 1955