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PUB. NAT'L BANK & TRUST CO. OF NEW YORK v. SEC. MUT. LIFE INS. CO.

279 A.D. 584 (1951)

Public National Bank and Trust Company of New York, as Trustee, Respondent, v. Security Mutual Life Insurance Company, Appellant Pak-It-Rite Paper Box Co., Inc., Respondent, v. Security Mutual Life Insurance Company, Appellant. (Consolidated Actions.)

Appellate Division of the Supreme Court of the State of New York, First Department.

October 30, 1951.

Order granting plaintiff's motion to vacate a subpœna duces tecum addressed to H. Smith, proprietor of the Smith Pharmacy, and to vacate defendant's notice of the examination before trial of Rose Levy, unanimously modified by denying plaintiff's motion to vacate the defendant's notice to examine Rose Levy and, as so modified, affirmed, with $10 costs and disbursements to the appellant. The date for the examination of Rose Levy to be fixed in the order. Settle order...

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