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MIHALEK v. YONKERS TROTTING ASSN.

14 Misc.2d 1003 (1958)

Harold Mihalek, Plaintiff, v. Yonkers Trotting Association, Inc., et al., Defendants. Yonkers Trotting Association, Inc., Defendant and Third-Party Plaintiff, v. Albert Schwartz et al., Third-Party Defendants.

Supreme Court, Westchester County.

June 27, 1958.

Attorney(s) appearing for the Case

Cerrato, Nayor & Galloway (Myron J. Shon of counsel), for plaintiff.

Warren W. Wells for Yonkers Trotting Association, Inc., defendant.

Albert E. Schober for Harry M. Stevens, defendant.

ELBERT T. GALLAGHER, J.

Defendant and third-party plaintiff, Yonkers Trotting Association, Inc., has moved the court for an order vacating the notice of examination before trial served by the attorneys for plaintiff.

In April, 1956, the said defendant and third-party plaintiff and the defendant Stevens had an examination of each other pursuant to notice and, also pursuant to notice, an examination of the plaintiff. The attorney for plaintiff did...

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