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Hennock v. Land

260 A.D. 918 Court N.Y. App. Div. Decision date 1940-11-22 English

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p. 918
Frieda B. Hennock, Respondent, v. Edwin H. Land, Appellant, Impleaded with Others, Defendants.

Orders affirmed, with twenty dollars costs and disbursements. No opinion. Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.; O’Malley and Dore, JJ., dissent and vote to modify the orders appealed from by limiting the examination of defendant Land to items 1, 2, 3, 4, 5, 8 and 9; by directing that the said defendant be. examined either by interrogatories or open commission, as the plaintiff elects, at Boston, Massachusetts, at a time and place to be specified in the order; if plaintiff elects an open commission, defendant to pay the expenses and counsel fees of his own attorney; and as so modified to affirm. (See Probst v. Frenkel, 240 App. Div. 504 .) — The date for the examinartion to proceed to be fixed in the order. Settle order on notice.