Legal Opinion
United States v. Michalinos Maritime & Commercial Co.
New York Supreme Court
Decided May 5, 1959PublishedCited by 2 opinions
1Opinion of the Court
Edgar J. Nathan, Jr., J.
This is a motion for an examination before trial of plaintiff pursuant to section 288 of the Civil Practice Act, in an action brought in this court by the United *470States to enforce a claim arising under a contract of sale authorized by the Merchant Ship Sales Act of 1946 (U. S. Code, tit. 50, Appendix, § 1736, subd. [d], par. [3]).
The question of whether the United States may he required to submit to examination before trial under section 288 appears to be one of first impression in this court. Examinations before trial of the United States as a party are permitted in…
2Cases cited5 opinions
- Moscow Fire Insurance Co. of Moscow, Russia v. Bank of New York & Trust Co.New York Supreme Court · 1937
- Republic of Haiti v. PleschNew York Supreme Court · 1949
- United States v. AlexanderDistrict Court, W.D. Virginia · 1942
- Moscow Fire Insurance v. Bank of New York & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Moscow Fire Ins. Co. v. Bank of New York & Trust Co.New York Court of Appeals · 1938
3Cited by2 opinions
- State v. Master Plumbers Ass'nNew York Supreme Court · 1965
- Carey v. Standard Brands Inc.Appellate Division of the Supreme Court of the State of New York · 1961