Legal Opinion

McGrath v. Calabrese

New York Supreme Court

Decided May 16, 1958PublishedCited by 2 opinions

1Opinion of the CourtHoward T. Hogan, J.

Motion for a second examination before trial.

This action has been at issue since 1955. Originally it was on the County Court calendar. An examination before trial of the plaintiff was had in February, 1956. Subsequently, the cause was removed to the Supreme Court. Thereafter, in March of 1957, the plaintiff served an amended bill of particulars. The defendant states the examination is necessary because further injuries and expenses were either claimed in the amended bill of particulars or a reservation to prove further injuries was contained in the amended bill.

The plaintiff’s attempted…

2Cases cited2 opinions

  1. Manufacturers & Dealers Motor Underwriters, Inc. v. Fire Brokers' Ass'n of the New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1919
  2. Force v. Tracy Towing Lines, Inc.New York Supreme Court · 1947

3Cited by2 opinions

  1. Dusing v. RosascoNew York Supreme Court · 1961
  2. Watrous v. HarrisNew York Supreme Court · 1972

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