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DE VITO v. NEW YORK CENT. R. R. CO.

32 Misc.2d 494 (1955)

Josephine De Vito, as Administratrix of The Estate of Joseph De Vito, Sr., Deceased, Plaintiff, v. New York Central Railroad Company, Defendant.

Supreme Court, Monroe County.

December 9, 1955

Attorney(s) appearing for the Case

Laverne & Yanowitch (Harold M. Yanowitch of counsel), for plaintiff. Harris, Beach, Keating, Wilcox & Dale (Edward R. Macomber of counsel), for defendant.

G. ROBERT WITMER, J.

The plaintiff is entitled to examine the photographs taken by Clifford Bunnell of the crossing and Diesel engine after the accident and purchased by the defendant (Howe v. McBride, 193 Misc. 271; Fink v. Thompson, 70 N.Y.S.2d 226; 5 Carmody-Wait, New York Practice, p. 660, § 13), in the absence of any showing of privilege. (Bloodgood v. Lynch, 293 N.Y. 308, 314...

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