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Moss & Sullivan, Inc. v. Firemen's Fund Insurance

42 A.D.2d 684 Court N.Y. App. Div. Decision date 1973-06-29 English

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p. 684
Moss & Sullivan, Inc., Plaintiff, v. Firemen’s Fund Insurance Company et al., Respondents, and Anthony Ragusa, Appellant.

Order unanimously affirmed, with costs to appellant. Memorandum: While Special Term made no determination'of adequate special circumstances as required by CPLR 3101 (subd. [a], par. [4]), we find sufficient evidence in the record to make such a determination, and we determine that such special circumstances exist as to require disclosure. (See Kenford Co. v. County of Erie, 41 A D 2d 586 .) (Appeal from order of Erie Special Term denying motion for protective order.) Present — Marsh, J. P., Witmer, Cardamone, Simons and Henry, JJ.