Legal Opinion

Fitzgerald v. Fitzgerald

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

Decided May 2, 1941PublishedCited by 9 opinions

1Opinion of the Court

Order unanimously modified by providing that the examination of defendant upon the matters set forth in plaintiff’s notice of motion be held in the State of California upon written interrogatories, as provided in section 302 of the Civil Practice Act, and the Rules of Civil Practice applicable to such examinations. In the alternative, if plaintiff so prefers, the testimony may be taken in California upon open commission. In the latter event the necessary disbursements of the attorneys for both sides in attending upon the examination shall be paid by their respective clients. The party…

2Cases cited1 opinion

  1. Probst v. FrenkelAppellate Division of the Supreme Court of the State of New York · 1934

3Cited by9 opinions

  1. Duncan v. JacobsonNew York Supreme Court · 1946
  2. Corrao v. Howard Sober, Inc.New York Supreme Court · 1958
  3. Dean v. Hotel St. Moritz, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
  4. Albert v. BankenNew York Supreme Court · 1962
  5. Hamburg v. GronikNew York Supreme Court · 1959

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