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Nunnally v. New Yorker Zeitung Publishing & Printing Co.

115 N.Y.S. 1135 Court N.Y. App. Div. Decision date 1909-03-05 English

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p. 1135
NUNNALLY v. NEW YORKER ZEITUNG PUBLISHING & PRINTING CO. et al.
(Supreme Court, Appellate Division, First Department.
March 5, 1909.)

Headnote

Appeal from Special Term, New York County. Action by Florence Nunnally against the New Yorker Zeitung i Publishing & Printing Company. From an orider denying motion to vacate order for the examination of defendant and Charles B. Wolffram, the defendant and Wolffram appeal. Modified and affirmed. See, also, 117 App. Div. 1 , 101 N. Y. Supp. 1041 . Benno Loewy, for appellants. G. H. D. Foster, for respondent.

The order should be modified by striking out the following words: “And the said Charles B. Wolffram is hereby ordered and directed to appear before the justice presiding at Special Term, Part 2, of this court, on the - day of February, 1909, at 2 o’clock in the afternoon of that day, and give evidence relative to the investigation made by the defendant before publication of the truth of the facts published, and in relation to other similar articles published in defendant’s newspapers.” As so modified, the order should be affirmed, without costs; the order to fix a date for the attendance of the witness for examination.