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MILK TANK SERV. v. WOOD

200 Misc. 333 (1951)

Milk Tank Service, Inc., Plaintiff, v. Benjamin F. Wood et al., Defendants.

Supreme Court, Special Term, Ulster County.

October 12, 1951.

Attorney(s) appearing for the Case

Carter & Conboy for Thomas Voit, defendant.

Roy L. Featherstone for plaintiff.

HAMM, J.

The defendant Thomas Voit moves to examine the plaintiff inter alia as to "whether or not the truck and cargo involved in the accident were insured and if so the name of the insurance company and the amount of the insurance."

Section 210 of the Civil Practice Act as amended provides: "Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a

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