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Frost v. Walsh

Appellate Division of the Supreme Court of New York, Third Department
Sep 29, 1949
275 App. Div. 1017 (N.Y. App. Div. 1949)

Opinion

September 29, 1949.

Appeal from Supreme Court, Rensselaer County.

Present — Foster, P.J., Heffernan, Brewster, Deyo and Bergan, JJ. [ 195 Misc. 391.]


The defendant Drummond seeks to examine his codefendant Walsh. Under the established policy of this court with relation to examinations before trial we think the examination sought in this case is proper, and within the purview of section 288 of the Civil Practice Act. We do not however subscribe to the defendant-respondent's theory that he may examine his codefendant for the purpose of ascertaining whether he has a cause of action against a third party. He is limited to matters material and necessary to his own defense in this action. Order unanimously affirmed, with $10 costs and disbursements.


Summaries of

Frost v. Walsh

Appellate Division of the Supreme Court of New York, Third Department
Sep 29, 1949
275 App. Div. 1017 (N.Y. App. Div. 1949)
Case details for

Frost v. Walsh

Case Details

Full title:STEPHEN J. FROST et al., Plaintiffs, v. AVERY WALSH, Appellant, and JOHN…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 29, 1949

Citations

275 App. Div. 1017 (N.Y. App. Div. 1949)

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