ESSLEY SHIRT CO. v. LYBRAND


3 Misc.2d 761 (1956)

Essley Shirt Company, Inc., Plaintiff, v. William M. Lybrand et al., Defendants.

Supreme Court, Special Term, New York County.

March 12, 1956.


Attorney(s) appearing for the Case

Mendes & Mount and Cahill, Gordon, Reindel & Ohl for defendants.

Rosenman, Goldmark, Colin & Kaye for plaintiff.


GEORGE TILZER, J.

This is a motion by defendants for an order: (1) striking out plaintiff's amended complaint for alleged failure of plaintiff to produce for examination before trial one Emanuel Dannett, Esq., pursuant to an order of this court; or (2) in the alternative, granting an examination before trial of said person as a witness pursuant to section 288 of the Civil Practice Act, upon the ground that there exist special circumstances requiring that...

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