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WEISS v. LYNN

14 A.D.2d 889 (1961)

Annette Weiss, Respondent, v. Viola Lynn, Individually and as Executrix of Sam Lynn, Deceased, Appellant

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

November 6, 1961

The first order granting plaintiff's motion to vacate the notice to examine Aaron Lynn as a witness and to vacate the subpœna duces tecum issued to him, is reversed, without costs and the motion denied.

The examination of a witness who is not a party may be had upon notice (Civ. Prac. Act, §§ 288-290; § 296, subd. 2; § 299), and a subpœna duces tecum may be issued in connection therewith (Civ...

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