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KAUFMAN v. TRIPP

11 Misc.2d 254 (1958)

Robert R. Kaufman, Plaintiff, v. Peter Tripp et al., Defendants.

Supreme Court, Special Term, New York County.

April 18, 1958.

Attorney(s) appearing for the Case

Francis A. Toomey for plaintiff.

Gelfand & Shedler for Peter Tripp, defendant.

THOMAS A. AURELIO, J.

This is an application to quash a subpœna duces tecum and to give testimony upon a trial. It appears, however, that the subpœna was issued to be used in connection with an examination before trial, it being intended as a subpœna to produce, only. The subpœna is directed to a corporation only and is not in compliance with section 413 of the Civil Practice Act. Service...

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