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Durante v. Murphy

278 A.D. 741 Court N.Y. App. Div. Decision date 1951-03-07 English

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p. 741
Peter S. Durante et al., Respondents, v. Harry S. Murphy, Appellant.

Order modified in accordance with the memorandum and as modified affirmed, without costs of this appeal to any party. Memorandum: The order should be modified by limiting examination under items 1 and 6 to tube furnaces developed by the parties during the continuance of their joint venture association; by striking out items 2, 3, 4 and 5; by striking from item 6 the words “ and any monies paid or owing by reason of such agreements, either to the defendant or

p. 742
to such person, company or corporation ” and as so modified, the order should be affirmed, without costs. The date for the examination shall be fixed by the referee. All concur. (Appeal from an order providing for a supplemental examination of defendant before trial.) Present — Taylor, P. J., MeCurn, Vaughan, Kimball and Piper, JJ.