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Hosmer v. Agricultural Insurance

152 N.Y.S. 1118 Court N.Y. App. Div. Decision date 1915-03-26 Docket No. 7031 English

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p. 1118
HOSMER, Sheriff, et al. v. AGRICULTURAL INS. CO.
(No. 7031.)
(Supreme Court, Appellate Division, First Department.
March 26, 1915.)

Headnote

Appeal from Special Term, New York County. Action by Charles C. Hosmer, Sheriff, and another, against the Agricultural Insurance Company. From an order denying motion to vacate an order for examination before trial of a witness not a party to the action, defendant appeals. Reversed. Leo Levy, of New York City, for appellant. Edward B. Boise, of New York City, for respondents.

For the reasons stated in Harburger, as Sheriff, v. Westchester Fire Insurance Co., 152 N. Y. Supp. 272 , decided herewith, the order appealed from will be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.