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BREEN v. DOYLE

4 Misc.2d 836 (1956)

Thomas J. Breen, Plaintiff, v. Lester T. Doyle, as Trustee in Reorganization of Surface Transportation Corporation of New York, Defendant.

City Court of the City of New York, Special Term, New York County.

November 8, 1956.

Attorney(s) appearing for the Case

Samuel J. Wilt for plaintiff.

Saxe, Bacon & O'Shea for defendant.

JAMES E. MULCAHY, J.

Motions numbered 19 and 24 have been considered together. In this action to recover damages for an alleged assault, mutual notices of examination before trial were served by the respective parties. In and by these motions which are now before the court, each party moves to vacate the notice of examination served by the other side.

In Siciliano v. Consolidated Edison Co. (

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