Legal Opinion
Parker v. Burgoyne
City of New York Municipal Court
Decided April 19, 1938PublishedCited by 10 opinions
1Opinion of the CourtLevy, J.
The plaintiffs sue for injuries received as a result of a falling ceiling in their apartment in defendant’s tenement house. They now move to examine defendant before trial concerning notice to defendant, and her knowledge, of the defective condition of the ceiling. The application is met by the contention that, in this Department, an examination before trial is refused in negligence cases, except as to ownership, operation and control. (Shaw v. Samley Realty Co., 201 App. Div. 433.)
The reason for the First Department rule is stated to be public policy. Yet, the Second Department has…
2Cases cited10 opinions
- Altz v. . LeibersonNew York Court of Appeals · 1922
- Shaw v. Samley Realty Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Middleton v. BoardmanNew York Court of Appeals · 1925
- Combes v. MaasAppellate Division of the Supreme Court of the State of New York · 1924
- Kessler v. North River Realty Co.Appellate Division of the Supreme Court of the State of New York · 1915
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3Cited by10 opinions
- In re WeissNew York Supreme Court · 1955
- Deutsch v. City of New YorkNew York Supreme Court · 1951
- Kenyon v. Lord & Taylor, Inc.New York Supreme Court · 1954
- Parsons v. MossNew York Supreme Court · 1939
- Carnes v. ZanghiNew York Supreme Court · 1956
5 more not listed; retrieve them via the Exa API.