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GAMBESKI v. GAUTHIER

9 A.D.2d 914 (1959)

Kathleen Gambeski, Individually and as Executrix of Louis V. Gambeski, Deceased, Appellant, v. Hugo E. Gauthier, Respondent

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

December 21, 1959

Order and judgment affirmed, with $10 costs and disbursements.

No opinion.

Nolan, P. J., dissents and votes to reverse the order and judgment and to deny the motion, with the following memorandum.

Under the circumstances here, where the material facts are within the exclusive knowledge of the respondent and an attorney, one Hawthorne, appellant should have been afforded an opportunity to establish her case by the examination of the respondent...

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