BALDUCCI v. ZENNER


203 Misc. 40 (1951)

Ralph Balducci, Plaintiff, v. Samson B. Zenner, Doing Business as Credit Service Bureau, Defendant.

Supreme Court, Special Term, Onondaga County.

November 26, 1951.


Attorney(s) appearing for the Case

Charles A. Wilkins and Frank C. McCarthy for defendant.

Victor Levine for plaintiff.


SEARL, J.

Motion No. 1 is for an order to vacate notice to take testimony of the defendant. Motion No. 2 seeks an order to preclude plaintiff from giving evidence on the trial as to items required in a further bill of particulars. The action has been brought for the purpose of obtaining a judgment in the sum of $22,328.20 against the defendant in a tort action based on claimed gross negligence and fraud. The import of the complaint is to the effect that...

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