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Smith v. Colonie Truck Leasing Co.

38 A.D.2d 611 Court N.Y. App. Div. Decision date 1971-12-01 English

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p. 611
Kathleen Smith, Respondent, v. Colonie Truck Leasing Co. et al., Appellants. (And One Other Related Action.)

Appeal from an order entered February 22, 1971 denying defendants’ motion to compel plaintiff to answer certain questions at an examination before trial dismissed sua sponte, without costs, on the ground that the order is not appealable (see Kaplan v. State of New York, 36 A D 2d 655 ). Order denying defendants’ motion to strike plaintiff’s note of issue affirmed, without costs. Staley, Jr., J. P., Greenblott, Cooke, Sweeney and Simons, JJ., concur.

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