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Curry v. Carborundum Co.

262 A.D. 1066 Court N.Y. App. Div. Decision date 1941-10-02 English

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p. 1066
Dalton Curry, Appellant, v. The Carborundum Company, Respondent.

Order, so far as appealed from, modified by granting leave to the plaintiff to renew the motion for leave to take samples from lathe room No. 3 after the examination of defendant and upon a proper showing, and as modified affirmed, without costs of this appeal to either party. All concur. (The portion of the order appealed from denies a motion for an inspection before trial of certain parts of defendant’s premises and restricts the inspection of certain other parts, in a silicosis action.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.