Legal Opinion
Lubitz v. Port of New York Authority
City of New York Municipal Court
Decided October 22, 1957PublishedCited by 2 opinions
1Opinion of the CourtJ. Irwin Shapiro, J.
This is a motion by the defendant for an examination before trial of the brother and sister-in-law of the plaintiff, Sylvia Lubitz, on the ground that the blood and close relationship of these witnesses .to the plaintiff constitutes other “ special circumstances ” pursuant to section 288 of the Civil Practice Act.
*11This is a negligence action in which the plaintiff is suing for damages arising out of personal injuries, and her husband sues for loss of services and medical expenses in connection therewith.
The accident is alleged to have occurred when the plaintiff was struck by a baggage cart…
2Cases cited10 opinions
- Victor G. Bloede Co. v. J. P. Devine Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Reif v. GebelAppellate Division of the Supreme Court of the State of New York · 1935
- Farber v. DebruinAppellate Division of the Supreme Court of the State of New York · 1938
- Lyon v. Fieldgren Realty Corp.New York Supreme Court · 1948
- Angell v. BoothNew York Supreme Court · 1938
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Donahue v. DonahueNew York Supreme Court · 1959
- Young v. Forest Hills General HospitalNew York Supreme Court · 1961