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PIERCE v. DICKENSON

18 A.D.2d 709 (1962)

Irving R. Pierce, Appellant, v. Mabel B. Dickenson, Respondent

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

December 24, 1962

Order modified by striking out its decretal paragraph, and by substituting therefor a provision denying unconditionally the defendant's said motion. As so modified, the order, insofar as appealed from, is affirmed, with $10 costs and disbursements to appellant.

In our opinion, in view of the fact: (a) that defendant first served a notice to examine plaintiff approximately 35 days after service and filing of the note of issue...

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