TaiLexi AI U.S. Case Law

Coburn v. Warner

Coburn v. Warner, 12 F.R.D. 188 (S.D.N.Y. 1951)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
District Court, S.D. New York · Federal District Courts
Decided
November 19, 1951
Judges
Dimock
Citations
12 F.R.D. 1881951 U.S. Dist. LEXIS 3558

Opinion of the Court — Dimock

Text extracted by OCR from a scanned original; check the original for exact wording.

DIMOCK, District Judge. .

This motion is one made by the plaintiff B. Melba Coburn to vacate a notice of examination to take place in New York, N. Y. served by the defendant Lillian Futerman, or for a direction that the examination be held as written interrogatories or that it be held in Boston. Affidavits submitted in support of the motion indicate that this *189 plaintiff has an elderly brother and sister who are dependent on her, that she resides in Dracut, Massachusetts, about 35 miles from Boston with her brother and sister, that her presence in the home at night is needed in order to care for the brother and sister who are not well, that continued absence from her work would jeopardize her employment and that the plaintiff and her brother and sister are without financial resources.

Plaintiff attended at the trial of a severed issue in this case in New York and took the witness stand before it was settled. Counsel for defendant Futerman permitted her to return to Massachusetts without requiring an examination at that time.

It is true that plaintiff sought this forum but there is no inflexible rule that a plaintiff should submit to examination at the forum chosen. Ginsberg v. Railway Express Agency, Inc., D.C., 6 F.R.D. 371 . Under the circumstances of this case plaintiff should not be required to come to New York for examination. Defendant Futerman may proceed at her election to examine plaintiff either by written interrogatories or in Boston, Massachusetts, orally.

Settle order on notice.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1959: 12023: 119592026peak 1959 · 1

Relies on it most ⓘ

  1. In re Estate and Guardianships of Williams254 Minn. 272 (1959)
  2. Mills v. Steuben Foods, IncorporatedNo. 1:19-cv-01178 (W.D.N.Y. Jan. 13, 2023)

Most recent

  1. Mills v. Steuben Foods, IncorporatedNo. 1:19-cv-01178 (W.D.N.Y. Jan. 13, 2023)
  2. In re Estate and Guardianships of Williams254 Minn. 272 (1959)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Ginsberg v. Ry. Express Agency, Inc., 6 F.R.D. 371 (S.D.N.Y. 1945) 12

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list