Legal Opinion

Coyne v. State Farm Fire & Casualty Co.

Syracuse City Court

Decided May 9, 1966Published

1Opinion of the CourtTony Man cuso, J.

This is a motion by plaintiff for relief under CPLR 3128 (subd. [c]), seeking payment of certain expenses and attorney’s fees incurred in connection with the testimony of the witness, Clara Jean Rogers, At the trial, the plaintiff received a verdict.

A notice to admit was served by mail on January 3,1966 upon defendant’s attorneys. On January 21,1966, attorney James E. Wilber, who tried the case for the defendant, advised attorney Donald P. McCarthy, who tried the case for the plaintiff, that defendant did not know the actual facts which were the subject of a notice to admit. As a result…

2Cases cited4 opinions

Syracuse Broadcasting Corporation v. Samuel I. Newhouse, the Herald Company, the Post-Standard Company and Central New York Broadcasting CorporationCourt of Appeals for the Second Circuit · 1959
Langan v. First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1946
In re the Construction of the Will of StevensNew York Surrogate's Court · 1949
Tappis v. National Van Lines, Inc.Appellate Terms of the Supreme Court of New York · 1964