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LIPIN v. SALKIN

11 Misc.2d 877 (1958)

Theodore Lipin, Plaintiff, v. A. Loeb Salkin et al., Defendants.

Supreme Court, Special Term, New York County.

May 26, 1958.

Attorney(s) appearing for the Case

Golden, Wienshienk, Rosenthal & Mandel for plaintiff.

John E. Haigney and Peter R. Rado for Mitchell Leventhal, defendant.

Rein, Mound & Cotton for Benjamin Sack, defendant.

Goldwater & Flynn for A. Loeb Salkin and others, defendants.

EDGAR J. NATHAN, J.

Motion to modify plaintiff's notice of examination and the cross motion for an examination before trial of defendant as a party and a witness are disposed of as follows:

By cross-moving for an order directing the examination of defendant, plaintiff has abandoned his original notice of examination. Accordingly, the motion to modify that notice is academic and is dismissed. Since the...

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