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Leitner v. City of New York

277 A.D.2d 965 Court N.Y. App. Div. Decision date 1950-10-03 English

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Majority

p. 965
Otto Leitner, as Committee of the Property of Anna Leitner, an Incompetent Person, Respondent, v. City of New York, Appellant.

Order unanimously modified by striking out the provision that notice of the examination be served on the witness by service on the corporation counsel, and by substituting instead a provision that service of a copy of the order be made upon the witness Dr. Friedman in the manner provided by sections 299 and 1539 of the Civil Practice Act and, as so modified, affirmed, with $20 costs and disbursements to the appellant. Present — Glennon, J. P., Dore, Cohn, Van Voorhis and Shientag, JJ.