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Thomas v. Getlan

282 A.D. 884 Court N.Y. App. Div. Decision date 1953-10-13 English

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p. 884
Daniel F. Thomas, Doing Business as Mid-Hudson Q-Ball Co., et al., Respondents, v. Sam Getlan, Individually and as President of United Coin Operated Machine Employees Union, Local 105, et al., Appellants, et al., Defendants.

In an action to enjoin picketing, two defendants appeal from an order granting their examination before trial, and directing discovery and inspection. Order modified by striking the words “ and ‘ Fifteenth ’ ” from the second ordering paragraph. As so modified, the order is affirmed, without costs; examination to proceed on five days’ notice. The allegations of paragraph “ Fifteenth ” of the complaint are eonclusory and, therefore, not a proper subject of examination. Nolan, P. J., Adel, MacCrate, Schmidt and Beldock, JJ., concur.