Legal Opinion

Weihe v. Long Island Railroad

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

Decided October 7, 1946Published

1Opinion of the Court

Action to recover damages for wrongful death. Order denying plaintiff’s motion to examine the defendant before trial reversed on the law and the facts, with $10 costs and disbursements, and the motion granted; the examination to proceed on five days’ notice at Special Term, Part 2, Kings County. The denial of plain*791tiff’s application was improvident under settled authority. {Buehler v. Bush, 200 App. Div. 206; Storm v. Gait, 212 App. Div. 829; Middleton v. Boardman, 240 N. Y. 552; Weiner v. Hass, Ine., 158 Mise. 181.) Lewis, P. J., Carswell, Johnston, Adel and Aldrich, JJ., concur.

2Cases cited3 opinions

  1. Buehler v. BushAppellate Division of the Supreme Court of the State of New York · 1922
  2. Middleton v. BoardmanNew York Court of Appeals · 1925
  3. Storm v. GairAppellate Division of the Supreme Court of the State of New York · 1925