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Coleman v. Underwood Elliott Fisher Co.

260 A.D. 925 Court N.Y. App. Div. Decision date 1940-11-04 English

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Majority

p. 925
Katherine Matteson Coleman, Respondent, v. Underwood Elliott
Fisher Co., Inc., Appellant.

Order denying motion to vacate and set aside a notice of examination before trial, by its president, modified by changing the date referred to in item 6 of the notice from 1940 to 1939. As so modified, the order, in so far as appealed from, is affirmed, with ten dollars costs and disbursements to the respondent, the examination to proceed on five days’ notice. No opinion. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.