Legal Opinion
Barnaby v. Coreman, Inc.
New York Supreme Court
Decided September 2, 2009PublishedCited by 1 opinion
1Opinion of the Court
*856OPINION OF THE COURT
Charles J. Market, J.
The following decision raises an issue of first impression for an American court: whether or not a traverse hearing, concerning the propriety of the service of process, needs to be reheld because, as a result of oversight, the witness at the hearing was not sworn. The issue is especially interesting since no one has objected, as of yet, to the hearing or to the inadvertent failure to swear the witness. The undersigned, the hearing court, who is solely responsible for making findings of fact concerning the witness’s credibility and determinations of law…
2Cases cited22 opinions
- California v. GreenSupreme Court of the United States · 1970
- United States v. Stanford Smith A/K/A Willie Ellis EveleighCourt of Appeals for the Second Circuit · 1993
- Day v. . HammondNew York Court of Appeals · 1874
- People v. MoralesAppellate Division of the Supreme Court of the State of New York · 1991
- McCray v. PetriniAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by1 opinion
- Wasserman v. KwiecinskiAppellate Terms of the Supreme Court of New York · 2017