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Chippona v. General Railway Signal Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1936
249 App. Div. 255 (N.Y. App. Div. 1936)

Opinion

December 23, 1936.

Appeal from Supreme Court of Monroe County.

Harlan F. Calkins, for the appellant.

William L. Clay, for the respondent.

Present — SEARS, P.J., TAYLOR, THOMPSON, CROSBY and LEWIS, JJ.


There have now been called to our attention the cases of Donoghue v. Callanan ( 152 App. Div. 162) and Chojnacki v. Interborough Rapid Transit Co. ( 76 Misc. 427) in which it was held that a provision for inspection and discovery permitted as incidental thereto the taking of photographs and the taking of samples for analysis. In view of these decisions we have reached the conclusion that the order here affirmed does not overpass the limits stated in section 324 of the Civil Practice Act. This decision is in part inconsistent with our ruling in Mangione v. General Railway Signal Co. ( 248 App. Div. 847), decided September 23, 1936, where the authorities above mentioned were not called to our attention nor considered by us. We, therefore, overrule the decision in the Mangione cose in affirming this order.

All concur, except CROSBY and LEWIS, JJ., who dissent and vote for modification in accordance with the ruling in Mangione v. General Railway Signal Co. ( 248 App. Div. 847).


Order affirmed, with ten dollars costs and disbursements.


Summaries of

Chippona v. General Railway Signal Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1936
249 App. Div. 255 (N.Y. App. Div. 1936)
Case details for

Chippona v. General Railway Signal Co.

Case Details

Full title:SAM CHIPPONA, Respondent, v. GENERAL RAILWAY SIGNAL COMPANY, Appellant

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

Date published: Dec 23, 1936

Citations

249 App. Div. 255 (N.Y. App. Div. 1936)
292 N.Y.S. 393

Citing Cases

Mangione v. General Railway Signal Company

On reargument, order affirmed, with ten dollars costs and disbursements. (See Chippona v. General Railway…