Legal Opinion

Behl v. Greenbaum

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

Decided May 1, 1918Published

Appeal by the defendants, Edward Greenbaum and others, from two orders of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 23d day of February, 1918, denying separate motions by the defendants to vacate a judge’s order for their examination before trial, and modifying said order so as to limit such examination as to the subject of the relations between the defendants, with notice of an intention to bring…

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Appeal by the defendants, Edward Greenbaum and others, from two orders of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 23d day of February, 1918, denying separate motions by the defendants to vacate a judge’s order for their examination before trial, and modifying said order so as to limit such examination as to the subject of the relations between the defendants, with notice of an intention to bring up for review the original judge’s order so modified.

1Opinion of the Court

Foote, J.:

The case is, I think, a proper one in which to permit an examination of the defendants before trial to the extent allowed by the order as modified.

Plaintiff, was run down and injured upon a public street by a motor car which he afieges was being operated by defendants, who were engaged in the business of operating automobiles for hire. He alleges that at the time of the accident one of said automobiles owned by defendant Lena Greenbaum, and operated by defendants in connection with them said business, was so negligently operated as to cause plaintiff’s injuries, and that he himself…

2Cases cited4 opinions

  1. Sweeney v. . O'DwyerNew York Court of Appeals · 1910
  2. Lowerre v. OwensAppellate Division of the Supreme Court of the State of New York · 1897
  3. Eckman v. LindbeckAppellate Division of the Supreme Court of the State of New York · 1917
  4. Albrecht v. CanfieldNew York Supreme Court · 1895

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