BAILEY v. KELLY


19 Misc.2d 954 (1959)

Llewellyn H. Bailey, Appellant, v. Joseph M. Kelly, Respondent.

Supreme Court, Appellate Term, First Department.

June 18, 1959.


Attorney(s) appearing for the Case

Joseph T. Keller for appellant.

No one appearing for respondent.

Concur — STEUER, J. P., HOFSTADTER and AURELIO, JJ.


Per Curiam.

Plaintiff's right to take the deposition of its material witness, who is not within the City of New York, is permissible under section 101 of the Municipal Court Code and is not limited by section 288 of the Civil Practice Act. Upon the showing made, no additional special circumstances are required to be alleged.

The order should be reversed, with $10 costs, and motion granted.

Order...

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