MILBECK APTS. v. CORBY ASSOCS.


285 A.D. 83 (1954)

Milbeck Apartments, Inc., Respondent, v. Corby Associates, Inc., Appellant, et al., Defendant

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

December 21, 1954.


Attorney(s) appearing for the Case

Solomon H. Friesner of counsel (Joseph V. McKee and William C. Morris with him on the brief; Van Buren, Schreiber & Kaplan, attorneys), for appellant.

Frederick E. Klein of counsel (Meyer Sheinfeld, attorney), for respondent.

PECK, P. J., CALLAHAN, BREITEL and BOTEIN, JJ., concur.


COHN, J.

This is an appeal by appellant Corby Associates, Inc. (hereafter called Corby), from an order of Special Term denying its motion to vacate a notice of examination before trial heretofore served upon it by plaintiff.

The first cause of action stated in the complaint, is to recover damages for the purported destruction of certain property belonging to plaintiff, for trespass and for the encroachment...

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