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Presti v. Schalck

26 A.D.2d 793 Court N.Y. App. Div. Decision date 1966-09-22 English

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p. 793
John G. Presti et al., Appellants, v. Violet M. Schalck et al., Respondents.

Appeal unanimously dismissed, without costs, on the court’s own motion. Memorandum: The order directing plaintiffs to answer certain questions at a pretrial examination was not appealable as a matter of right (Brimberg v. Frielich, 10 A D 2d 850 ; Brown v. Golden, 6 A D 2d 766 ) and appellants failed to obtain the required permission to appeal (CPLR 5701, subd. [e]). (Appeal from order of Niagara Special Term requiring plaintiffs to answer certain questions and make full disclosure of all matters pertaining to said questions.) Present — Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.

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