GITTLITZ v. LEWIS


11 A.D.2d 1065 (1960)

David L. Gittlitz et al., Respondents, v. Robert S. Lewis, Appellant

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

October 24, 1960


Order reversed, with $10 costs and disbursements, defendant's motion granted, and plaintiffs' cross motion denied, without prejudice: (1) to an application by plaintiffs to examine defendant in Colorado on written interrogatories or by open commission; or (2) to the plaintiffs' service of a new notice to examine defendant on a date immediately prior to the trial of the action, as plaintiffs may be advised.

Defendant is a resident of Denver, Colorado, and is permanently...

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