PUNIA v. DRY DOCK SAV. BANK


280 A.D. 431 (1952)

Charles Punia et al., Appellants-Respondents, v. Dry Dock Savings Bank, Respondent-Appellant

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

July 1, 1952.


Attorney(s) appearing for the Case

Henry N. Ess, III, and Marvin Schwartz of counsel (Sullivan & Cromwell, attorneys), for appellants-respondents.

Edward J. McGratty, Jr., of counsel (Davis Polk Wardwell Sunderland & Kiendl, attorneys), for respondent-appellant.

CALLAHAN, J. P., VAN VOORHIS, HEFFERNAN and BERGAN, JJ., concur.


Per Curiam.

Each side in this lawsuit served a notice of examination before trial to take the deposition of the other side pursuant to section 288 of the Civil Practice Act. Plaintiffs' notice was served before the action was at issue. Defendant's notice was served with the answer. We would not be inclined to disturb the disposition made by Special Term concerning the topics of either examination, and would affirm, except for the

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