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Piccarreto v. Rochester General Hospital

Appellate Division of the Supreme Court of New York, Fourth Department
May 19, 1954
283 App. Div. 1003 (N.Y. App. Div. 1954)

Opinion

May 19, 1954.

Present — McCurn, P.J., Vaughan, Kimball, Piper and Wheeler, JJ.


Order affirmed, with $10 costs and disbursements. Memorandum: The procedural change permitted under rule 121-a of the Rules of Civil Practice is inapplicable to enlarge the scope of examination beyond the scope allowed by a former order of examination granted prior to the time rule 121-a became effective. ( People ex rel. Central New England Ry. Co. v. State Tax Comm., 261 App. Div. 416, 418; Matter of Potter, 106 Misc. 113, 115; Matter of Berkovitz v. Arbib Houlberg, 230 N.Y. 261, 270; Lawson Co. v. Browne, 180 Misc. 1000; D'Apice v. Standard Oil Co. [N.J.], 203 Misc. 527.) Rule 121-a does not enlarge the extent of examinations permitted under section 288 of the Civil Practice Act as set forth in previous decisions of this department. All concur.


Summaries of

Piccarreto v. Rochester General Hospital

Appellate Division of the Supreme Court of New York, Fourth Department
May 19, 1954
283 App. Div. 1003 (N.Y. App. Div. 1954)
Case details for

Piccarreto v. Rochester General Hospital

Case Details

Full title:NANCY PICCARRETO, as Administratrix of the Estate of VITO J. PICCARRETO…

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

Date published: May 19, 1954

Citations

283 App. Div. 1003 (N.Y. App. Div. 1954)