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Phinn v. R. H. Macy & Co.

253 A.D. 923 Court N.Y. App. Div. Decision date 1938-02-28 English

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p. 923
Elizabeth Phinn, an Infant, by John A. Phinn, Her Guardian ad Litem, and John A. Phinn, Appellants, v. R. H. Macy & Co., Inc., Respondent.

Order granting in part defendant’s motion to modify a notice of examination before trial modified by permitting an examination of defendant as to item “ 3 ” of the notice also, and as so modified affirmed, in so far as an appeal is taken, without costs. The examination may proceed on five days’ notice. No opinion. Lazansky, P. J., Hagarty, Davis, Johnston and Close, JJ., concur.