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Albert v. Lust

270 A.D. 751 Court N.Y. App. Div. Decision date 1946-01-11 English

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p. 751
(January 11, 1946.)
Josephine Albert, Respondent, v. Leo Lust, as Ancillary Executor of Benedict Lust, Deceased, Appellant.

Order unanimously modified so that the defendant will only be required to particularize concerning such claims of contributory negligence as it intends to assert in addition to those it may be able to develop on the cross-examination. (Murrain v. Wilson Line, Inc., 266 App. Div. 179 ; Captan v. Associated Transport, Inc., 269 App. Div. 936 .) Settle order on notice. Present — Martin, P. J., Townley, Glennon, Dore and Callahan, JJ.