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HISTON v. HEARN DEP'T STORES, INC.

8 A.D.2d 801 (1959)

Katherine Histon et al., Respondents-Appellants, v. Hearn Department Stores, Inc., Appellant-Respondent Helen Abrams et al., Respondents-Appellants, v. Hearn Department Stores, Inc., Appellant-Respondent

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

June 23, 1959

Order denying conditionally, plaintiffs' motion to vacate the notices of examination before trial unanimously reversed, on the law and in the court's discretion, with $20 costs and disbursements to defendant-appellant-respondent and motion denied without qualification.

This is not a class action. Each plaintiff sues on his or her own behalf, but for convenience, all have joined together in one action. Defendant is entitled...

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