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MARKS v. NAGER

206 Misc. 744 (1954)

Howard A. Marks, Plaintiff, v. Jordan S. Nager et al., Defendants.

Supreme Court, Special Term, Kings County.

September 15, 1954.

Attorney(s) appearing for the Case

Frederick Mellor for Jordan S. Nager, defendant.

Isadore Halpern and Alfred A. Rosenberg for plaintiff.

OLLIFFE, J.

The defendant Nager has moved this court to set aside and vacate a notice of examination before trial in this action to recover damages for personal injuries sustained by plaintiff Marks while riding as a passenger in the defendant Nager's car. The motion is made on the ground that since the plaintiff Marks and the defendant Nager are first cousins an examination before trial will be most inequitable...

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