Legal Opinion

Straus v. Peck

Appellate Terms of the Supreme Court of New York

Decided January 5, 1911PublishedCited by 2 opinions

Appeal from City Court of New York, Special Term. Action by Isidore Straus and another against John A. Peck. From an order of the City Court of the City of New York, vacating an order for the examination of the defendant before trial, the plaintiffs appeal.

1Opinion of the CourtGiegerich, J.

The action is brought to recover damages for an injury alleged to have been caused to one of the plaintiffs’ delivery wagons by a collision with an automobile alleged to have been owned by the defendant and operated by his servant. The answer denies each and every allegation of the complaint concerning the ownership and operation of the automobile. An order for the examination of the defendant upon these issues was made upon the. pleadings and the affidavit of one of the plaintiffs, and it has been vacated by the order appealed from.

*629The justice at Special Term says in his opinion that it is…

2Cases cited4 opinions

  1. Schweinburg v. AltmanAppellate Division of the Supreme Court of the State of New York · 1909
  2. Caldwell v. GlazierAppellate Division of the Supreme Court of the State of New York · 1908
  3. Lawson v. HotchkissAppellate Division of the Supreme Court of the State of New York · 1910
  4. Bioren v. Canadian Mines Co.Appellate Division of the Supreme Court of the State of New York · 1910

3Cited by2 opinions

  1. Bannister v. MurrayAppellate Terms of the Supreme Court of New York · 1915
  2. Heine v. WellerAppellate Terms of the Supreme Court of New York · 1913

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