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HARDING PARK OWNERS, INC. v. YOUNG

5 Misc.2d 10 (1957)

Harding Park Owners, Inc., as Assignee of Vincent Tierney, Assignor, Plaintiff, v. Ann Young et al., Defendants.

Supreme Court, Special Term, Bronx County.

January 24, 1957.

Attorney(s) appearing for the Case

M. S. & I. S. Isaacs for plaintiff.

Goldwater & Flynn for defendants.

FRANCIS X. CONLON, J.

Motion to vacate a notice for examination before trial of defendants is denied. Section 288 of the Civil Practice Act provides for any party to take a deposition "of any other party which is material and necessary". There is no authority for the proposition that the plaintiff may not examine before trial all codefendants if their testimony is material and necessary. Insofar as the specific...

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