Legal Opinion

Heidell v. George A. Murray Co.

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

Decided October 14, 1938PublishedCited by 7 opinions

1Opinion of the Court

Action for damages for personal injuries.- Resettled order denying plaintiff’s motion for the examination of two witnesses before trial reversed on the law, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs; the examination to proceed on five days’ notice. Both Clawson and Lent are material witnesses. Then- relationship to the defendant bank and their claimed attitude prior to the bringing on of this motion establish that each of them is a reluctant, unwilling or hostile witness. Special circumstances within the meaning of section 288 of the Civil…

2Cases cited1 opinion

  1. Bartlett v. SanfordAppellate Division of the Supreme Court of the State of New York · 1935

3Cited by7 opinions

  1. Lyon v. Fieldgren Realty Corp.New York Supreme Court · 1948
  2. Zirn v. BradleyAppellate Division of the Supreme Court of the State of New York · 1939
  3. Lubitz v. Port of New York AuthorityCity of New York Municipal Court · 1957
  4. Donahue v. DonahueNew York Supreme Court · 1959
  5. Essley Shirt Co. v. LybrandNew York Supreme Court · 1956

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