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Ferri v. Marshall

263 A.D. 894 Court N.Y. App. Div. Decision date 1942-01-26 English

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p. 894
Egidio Ferri, Appellant, and Adeline Arbusto, an Infant, by Francis Arbusto, Her Guardian ad Litem, Plaintiff, v. M. Lee Marshall, Respondent, and Werner Gaden, Defendant.

Action by plaintiffs to recover damages for personal injuries and property damage as a consequence of a collision of two automobiles on a road in Westchester county. Defendant Marshall’s answer contained a counterclaim for property damage. Plaintiff Ferri appeals from an order granting a motion for his examination before trial by defendant Marshall in respect of one item of the eleven items allowed. Order, in so far as appealed from, affirmed, with ■ ten dollars costs and disbursements, the examination to proceed on five days’ notice. No opinion. Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.