Legal Opinion

Eisenbraun v. City of New York

New York Supreme Court

Decided September 19, 1955PublishedCited by 2 opinions

1Opinion of the CourtCharges J. Beckinella, J.

This is a motion for an examination before trial. Items 1, 2, 3 and 6 are granted on consent. Item 4 is granted on the authority of Koehler v. City of New *982York (262 N. Y. 74, 78); Ippa v. City of New York (271 App. Div. 981) and Heimer v. Stento (270 App. Div.. 665, 667).

Item 5 is granted. Under this item plaintiff seeks to examine the defendant with respect to those accidents, occurring subsequent to the accident which is the subject of this action, which were similar in nature and caused by the same conditions that caused that accident.

The complaint in this action alleges that the accident…

2Cases cited5 opinions

  1. Gastel v. . City of New YorkNew York Court of Appeals · 1909
  2. Henwood v. ChaneyCourt of Appeals for the Eighth Circuit · 1946
  3. Koehler v. City of New YorkNew York Court of Appeals · 1933
  4. Hoyt v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1890
  5. Rauppius v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1955

3Cited by2 opinions

  1. Klatz v. Armor Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1983
  2. Galieta v. Young Men's Christian Ass'nAppellate Division of the Supreme Court of the State of New York · 1969

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