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YOR ELEC. CORP. v. BENOWITZ

3 A.D.2d 832 (1957)

Yor Electric Corp., Respondent, v. Irving Benowitz, Appellant, et al., Defendant

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

April 23, 1957

Order unanimously affirmed. The date for the examination to proceed shall be fixed in the order. Settle order on notice.

In affirming this order we do not overlook the fact that the last pleading served in this action was the answer of the defendant-appellant to the amended complaint, which answer was served on October 9, 1956. The notice to examine him was served on October 22, 1956, 13 days after the service of the last pleading. He urges the procedure thus adopted...

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