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BLACKBURNE v. HOMASOTE CO. (INC.)

2 A.D.2d 973 (1956)

Margaret Blackburne, as Administratrix of The Estate of Thomas F Blackburne, Deceased, Respondent, v. Homasote Company (Inc.). et al Defendants, and Paper Products, Inc., Appellant

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

December 3, 1956

Order reversed, with $10 costs and disbursements, and motion granted.

The present complaint could not be interposed as a counterclaim in the action in which appellant was attending for examination before trial. Appellant was in this State voluntarily and was immune from service of process. (New England Ind. v. Margiotti, 270 App. Div. 488, affd. 296 N.Y. 722; Petrova v. Roberts, 245 N.Y. 518.) In any event, the...

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