Opinion · Nylaw New York

VAN DYKE OIL PORTRAITS, LTD. v. E. FIEHL LTD., 5 A.D.2d 824 [1st Dept 1958]

VAN DYKE OIL PORTRAITS, LTD., Respondent, v. E. FIEHL LTD., Appellant., 5 A.D.2d 824 (Appellate Division of the Supreme Court of New York, First Department. 1958)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1958-02-25
Topic: general

VAN DYKE OIL PORTRAITS, LTD. v. E. FIEHL LTD., 5 A.D.2d 824 [1st Dept 1958] VAN DYKE OIL PORTRAITS, LTD., Respondent, v. E. FIEHL LTD., Appellant.Appellate Division of the Supreme Court of New York, First Department.

Citator

UpLaw has not yet analyzed VAN DYKE OIL PORTRAITS, LTD. v. E. FIEHL LTD., 5 A.D.2d 824 [1st Dept 1958]. The absence of a flag is not a finding that it is good law.

VAN DYKE OIL PORTRAITS, LTD. v. E. FIEHL LTD.,5 A.D.2d 824[1st Dept 1958]

VAN DYKE OIL PORTRAITS, LTD., Respondent, v. E. FIEHL LTD., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

February 25, 1958

This court has heretofore held that an examination for use on a hearing before a referee in connection with an issue as to service is permissible (Oreskv.Feldman,259 App. Div. 703;Foreign Supply Co.v.Keystone Equip. Co.,278 App. Div. 816). In the circumstances, such examination should have been allowed here. We are satisfied that for the purposes of this case an examination on written interrogatories will suffice. Order unanimously reversed on the law and in the discretion of the court and the motion to take deposition of Erna Fiehl on written interrogatories granted, with $20 costs and disbursements to appellant. The matter is remitted to Special Term for further procedure in accordance with this disposition. Settle order.

Concur — Botein, P.J., Breitel, Rabin, Frank and Bastow, JJ.