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COMRS. OF STATE INS. v. EAZOR EXPRESS

28 Misc.2d 971 (1961)

Commissioners of the State Insurance Fund, Plaintiff, v. Eazor Express, Inc., et al., Defendants.

Supreme Court, Special Term, Erie County.

June 7, 1961

Attorney(s) appearing for the Case

Charles G. Tierney (Cox, Barrett & Barrell and John P. Cox of counsel), for plaintiff. Miller, Bouvier & Ulsh (Gerald Bouvier of counsel), for defendants.

REGIS O'BRIEN, J.

Motion by plaintiff under section 299 of the Civil Practice Act for an order directing that the answer of the defendant Eazor Express, Inc., be stricken.

Under date of March 24, 1961, plaintiff's attorney served a notice that, pursuant to sections 288, 289, 290 and 301 of the Civil Practice Act, rule 121-a of the Rules of Civil Practice and other pertinent provisions of law, the testimony of John N. Kane, and "the individual...

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