CATALDO v. COUNTY OF MONROE


19 A.D.2d 852 (1963)

Stephen F. Cataldo, an Infant, by Stephen G. Cataldo, His Guardian ad Litem, Respondent, v. County of Monroe, Appellant Stephen G. Cataldo, Respondent, v. County of Monroe, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 31, 1963


Order insofar as appealed from affirmed, without costs of this appeal to any party.

Memorandum:

We are not in serious disagreement with the general views expressed in the dissenting memorandum relating to discovery and inspection. Our reason for denying further relief to appellant is based upon its unreasonable delay and the use of the power of subpœna in place of the recognized procedure. The accident herein occurred in May, 1958 when an automobile...

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