MILLS v. MONTANA


14 Misc.2d 414 (1958)

Constance Mills, Plaintiff, v. Everett R. Montana et al., Defendants.

Supreme Court, Special Term, Oneida County.

September 11, 1958.


Attorney(s) appearing for the Case

Francis P. Valone for Dominick Froio and others.

Foley & Scalzo for defendants.


FRANK DEL VECCHIO, J.

This is an application for an order to set aside subpœnas served upon Dominick Froio, Joan Nolan Russo and Nick Ortolano and to enjoin defendants from examining them as witnesses before trial on the ground that these witnesses do not come within any of the grounds specifically enumerated in section 288 of the Civil Practice Act for such examination.

The defendants claim that the testimony of the named witnesses is material...

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