Smith v. 501 Washington, Inc.

Full title: MABEL SMITH, Respondent, v. 501 WASHINGTON, INC., Appellant

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

Date published: May 19, 1949

275 App. Div. 899 (N.Y. App. Div. 1949)

Opinion

May 19, 1949.

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

Order reversed on the law and facts, with $10 costs and disbursements and motion denied, without costs, on the ground that the information plaintiff seeks is not shown to be material and necessary in the prosecution of this action. (Civ. Prac. Act. § 288.) The defendant may not be examined to ascertain the name of a prospective additional defendant.

All concur, except McCurn, J., who dissents and votes for affirmance in the following memorandum:

The plaintiff is entitled to examine the defendant as to the identity of the elevator operator. ( Morris v. E.A. Laboratories, Inc., 263 App. Div. 540.) (The order grants an examination of defendant before trial in a negligence action.)