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Case v. Walter

146 N.Y.S. 1086 Court N.Y. App. Div. Decision date 1914-02-13 English

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p. 1086
CASE, Respondent, v. WALTER et al., Appellants.
(Supreme Court, Appellate Division, First Department.
February 13, 1914.)

Headnote

Appeal from Special Term, New York County. Action by Frank M. Case, Jr., against Eugene Walter and others. From an order on a motion for examination before trial, defendants appeal.
Modified and affirmed.
See, also, 143 N. Y. Supp. 1110 .
. Nathan Burkan, of New York City, for appellants.
David Gerber, of New York City, for respondent.

Order modified, by striking out from the order the clause which allows an examination in relation to the counterclaim referred to in the tenth and eleventh paragraphs of the amended answer, and, as so modified, affirmed, without costs.