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Kubera v. Colorado Fuel & Iron Corp.

8 A.D.2d 767 Court N.Y. App. Div. Decision date 1959-05-13 English

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p. 767
Alfred Kubera, Respondent, v. Colorado Fuel and Iron Corporation, Respondent, and Eichleay Corporation, Appellant.

Order affirmed, without costs of this appeal to any party, without prejudice to the right of appellant Eichleay Corporation to renew the application to examine plaintiff before trial upon a proper showing in the light of all the facts in this record. All concur. (Appeal from an order of Erie Special Term granting a motion by plaintiff to vacate a notice of examination of plaintiff by defendant Eichleay Corporation.) Present — MeCurn, P. J., Williams, Bastow, Goldman and Halpern, JJ.