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Campbell v. Carleton Co.

246 A.D. 816 Court Second Department, English

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p. 816
Second Department,
January, 1936.
Helen Campbell, Respondent, v. The Carleton Co., Inc., Appellant, and The City of New York, Defendant.

On argument, order limiting the scope of the examination of the appealing defendant before trial modified by striking therefrom the items of examination numbered 1, 3, 4, 5 and 6, by striking from item 2 the words “ was required to and,” and by inserting a provision that upon such examination said defendant shall produce, for the inspection and use of plaintiff, the contract in question. As so modified, the order is affirmed, without costs; the examination to proceed on five days’ notice. Young, Carswell, Davis, Adel and Taylor, JJ., concur.